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Provincial Land Use Policies - Province of Manitoba

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Provincial Land Use Policies: Draft for Consultation
Transcript

Provincial Land Use Policies:

Draft for Consultation

TABLE OF CONTENTS

Why Provincial Land Use Policies? ...............................................................................4

Scope And Application ...................................................................................................7

Definitions ........................................................................................................................9

Development Plan By-Laws..........................................................................................19Provincial Interest ........................................................................................................19

Goals .......................................................................................................................19Development Plan Requirements ............................................................................20

Policy Area 1: General Development ...........................................................................22Provincial Interest ........................................................................................................22A. Protecting People, Property And Investment ...........................................................22

Goals .......................................................................................................................22Policies ....................................................................................................................23

B. Ensuring Compatibility Between Land Uses ............................................................23Goal .........................................................................................................................23Policies ....................................................................................................................23

C. Integrating Public Services ......................................................................................24Goal .........................................................................................................................24Policies ....................................................................................................................24

D. Promoting Sustainable Development ......................................................................25Goal .........................................................................................................................25Policies ....................................................................................................................25

Policy Area 2: Settlement Areas ...................................................................................27Provincial Interest ........................................................................................................27A. Strategic And Planned Settlement ...........................................................................28

Goals .......................................................................................................................28Policies ....................................................................................................................28

B. Strong Urban Centres ..............................................................................................28Goals .......................................................................................................................28Policies ....................................................................................................................28

C. Sustainable Rural Development ..............................................................................30Goals .......................................................................................................................30Policies ....................................................................................................................30

Policy Area 3: Agriculture .............................................................................................31Provincial Interest ........................................................................................................31A. Planning For Agriculture ..........................................................................................32

Goals .......................................................................................................................32Policies ....................................................................................................................32

B. Planning For Sustainable Livestock Operations ......................................................33Goal .........................................................................................................................33Policies ....................................................................................................................34

Policy Area 4: Natural Lands, Renewable Resources, Heritage & Recreation ........36Provincial Interest ........................................................................................................36A. Protecting Natural Lands & Heritage Resources .....................................................36

Goals .......................................................................................................................36

Policies ....................................................................................................................37B. Sustaining Renewable Resources ...........................................................................38

Goals .......................................................................................................................38Policies ....................................................................................................................38

C. Compatible Recreational Use ..................................................................................39Goals .......................................................................................................................39Policies ....................................................................................................................39

Policy Area 5: Water .....................................................................................................41Provincial Interest ........................................................................................................41A. Planning For Water ..................................................................................................41

Goal .........................................................................................................................41Policies ....................................................................................................................42

B. Protecting Water ......................................................................................................42Goal .........................................................................................................................42Policies ....................................................................................................................42

C. Avoiding Flooding And Erosion ................................................................................44Goal .........................................................................................................................44Policies ....................................................................................................................44

D. Managing Water Control Works ...............................................................................45Goal .........................................................................................................................45Policies ....................................................................................................................45

Policy Area 6: Infrastructure ........................................................................................47Provincial Interest ........................................................................................................47A. Maximizing Infrastructure Investment ......................................................................47

Goals .......................................................................................................................47Policies ....................................................................................................................48

B. Appropriate Water And Wastewater Facilities ..........................................................48Goal .........................................................................................................................48Policies ....................................................................................................................49

C. Managing Solid Waste Disposal ..............................................................................51Goal .........................................................................................................................51Policies ....................................................................................................................51

Policy Area 7: Transportation .......................................................................................52Provincial Interest ........................................................................................................52A. Integrated Transportation System ...........................................................................52

Goal .........................................................................................................................52Policies ....................................................................................................................53

B. Promoting Transit And Active Transportation ...........................................................54Goal .........................................................................................................................54Policies ....................................................................................................................54

C.SafeAndEfficientMovementOfGoodsAndPeople ...............................................55Goals .......................................................................................................................55Policies ....................................................................................................................56

Policy Area 8: Mineral Resources ................................................................................58Provincial Interest ........................................................................................................58

Goals .......................................................................................................................58Policies ....................................................................................................................59

Policy Area 9: Capital Region .......................................................................................61Provincial Interest ........................................................................................................61

Goal .........................................................................................................................61Policies ....................................................................................................................61

WHY PROVINCIAL LAND USE POLICIES?

Planning is a process all of us use to achieve an objective or goal. We plan for things

we want to happen, for things we expect to happen or because we want to preventundesirable situations.

Planning is a proactive practice—it is the opposite of waiting to see how things turn outand then responding to what is needed. With a reactive approach, decisions can

become rushed, costly and miss out on strategic opportunities.

Land use planning applies a proactive approach to making decisions about the use and

development of land and resources. The focus is on moving toward a common vision or

goal that represents the public interest, not simply restricting or regulating development.

To move towards the sustainable development of Manitoba, planning must address a

number of strategic priorities simultaneously, such as: sustainable infrastructure, clean

energy, public health and safety protection, climate change mitigation and adaptation,economic diversification and competitiveness, housing affordability, resource

conservation and water quality protection.

The Province recognizes that the manner in which land and resources are used hasdirect impact on these priorities. For example, how communities are planned and

designed influences how people live, their level of resource consumption and their

corresponding pollution production, such as greenhouse gas emissions. Because of thisinterdependence, the Province is interested in how land use planning and development

occurs in Manitoba.

This interest is expressed in the Provincial Land Use Policies. The Provincial Land Use

Policies are based on the principles of sound land use planning, which are meant to

guide the preparation of development plans, as well as ongoing land use and

development decisions, to ensure they support the Province’s strategic priorities andprevent undesirable outcomes. The principles of sound land use planning are reflected

throughout the Provincial Land Use Policies and are summarized as follows:

• Long Term Vision – Because land use decisions have long term impacts, they must

be future-oriented and connected to an overall vision or plan. This requires that

individual developments be coordinated, strategic, anticipate needs and support theachievement of community priorities. Without a vision, incremental decisions are

made in isolation and can lead to unforeseen conflicts and cumulative negative

impacts.

• Public Interests – A traditional motivation for land use planning is the protection of

the public interest. The development of land and resources has both costs and

benefits; land use and development decisions must balance private gain with thecosts that may be incurred by the public, and evaluate short term profits against long

term costs.

• Compatibility – Land uses and developments that are planned and designed to becompatible with their surroundings will prevent or minimize conflicts and avoid

dangers to public health, safety and the environment. When land uses are not

Note: bolded, italicized words are defined in the definitions section

5

compatible, they can result in negative impacts on people, property/investment and

the environment, such as:o Nuisances, including noise, dust, odours;

o Financial expenditures by both private operators and the public to deal with

legal issues and complaints;

o Danger to human health and safety and damage to property and investmentsfrom hazards, such as flooding, and the resulting public expenditures for

evacuation and compensation;

o Unexpected development costs to mitigate conflict.

• Mitigation and Adaptation – The ability to anticipate, mitigate and adapt to change

speaks to a community’s resiliency. Managing change, such as shifts in population,demographics, economics, ecology, and climatic norms requires that local plans and

policies be flexible, not static. It requires local capacity to anticipate challenges and

evaluate land use and development decisions on the basis of how well they mitigate

the negative effects of change or adapt to those effects.

• Sustainability – Sustainable development is an approach to land use that views the

goals of economic development, quality of life, public health and environmentalprotection as interrelated and not ‘either or’ situations. A sustainable development

approach also recognizes and places value on the important functions of the

ecosystem and ensures these can be protected from or incorporated intodevelopment to provide the best outcomes for both the built and natural environment,

both now and into the future.

• Optimization and Efficiency - The optimal and efficient use of land, resources andexisting public investments--such as infrastructure—can reduce costs to the public,

promote innovation and competitiveness, and help conserve valuable resources.

Land that is developed thoughtfully and strategically can improve affordability, qualityof life and services to the public.

• Comprehensiveness – Land use decisions, policies and programs have impact on

and are influenced by a number of interest areas. Planning must consider theinterconnections between land use and elements like transportation, housing, social

services and cultural differences. A comprehensive approach that considers a

variety of elements, can address multiple issues while ensuring it does not ignoreproblems or create new ones.

• Integration – Land use decisions, policies and programs must also be integrated atdifferent scales, levels and times. Decision makers must consider how land use

decisions will influence financial plans, capital works budgets, programming and

initiatives, watershed management plans, climate change action plans, etc; and vice

versa. Such integration helps to ensure that the resources for implementation areavailable and that potential barriers are recognized and accounted for.

• Public Participation – Decisions about the use of land affects the way people live,work and recreate and will have long-term implications that will be felt by future

generations. As a result, the public has an interest in what decisions are made and

for what reasons. Good planning processes provide sufficient opportunities for publicconsultation that are broad and inclusive. Bringing diverse interests into the planning

process is essential to building consensus and making the process more meaningful.

Note: bolded, italicized words are defined in the definitions section

6

It is in the Provincial interest to foster a culture of land use planning throughout Manitobathat is consistent with these principles and with the Provincial Land Use Polices.

SCOPE AND APPLICATION

The legislative authority for the establishment of provincial land use policies comes from

Section 4(1) of The Planning Act, which states that: “The Lieutenant Governor in Councilmay, by regulation, establish provincial land use policies to guide sustainable land use

and development in the province.”

The Provincial Land Use Policies Regulation (The Policies) represents the provincial

interest in land, resources and sustainable development. It provides policy direction for

a comprehensive, integrated and coordinated approach to land use planning thatemphasizes the importance the Province places on regular development plan reviews

and updating planning policies and plan designations, rather than planning largely

through ongoing incremental plan amendments.

The Policies apply to all lands in Manitoba, including the city of Winnipeg and Crown

lands, but excluding those lands under federal jurisdiction, and/or those claimed or

acquired through agreements, such as Treaty Land Entitlements (TLE) or othersettlement agreements.

The Policies serve as a guide to local authorities and provincial departments in

preparing, reviewing and amending development plans. They are intended to givegeneral guidance and ensure that provincial interests are addressed. A development

plan or regional strategy must be generally consistent with the Provincial Land Use

Policies.

The Policies, by their nature, are general and cannot account for all local situations,

special circumstances and exceptions. In recognition of this variability, it is intended thatThe Policies be applied to reflect local needs, so long as provincial interests are not

undermined. The Policies will be strictly applied in areas of the Province experiencing

more growth or change, such as the Capital Region, and may be applied with more

flexibility in areas experiencing limited growth or change, and where there is littlepotential for land use conflict.

Ultimately, the development plan is a jointly produced and owned policy document forboth the province and the local authority that reflects the essence of The Policies as

they pertain to the circumstances of the planning area. As such, once a development

plan has been adopted, it replaces The Policies until it undergoes a periodic review or isamended.

The Policies begin with a section on development plan by-law requirements, outlining

how plans should be prepared, amended and reviewed, and what elements are to beincluded in the planning process. Following this section, The Policies are divided into (9)

Policy Areas, each focused on a specific area of provincial interest that can be

supported by land use planning. The Policy Areas provide the policy ‘content’ to beaddressed by local developments plans, taking into account local circumstances. Each

Policy Area includes:

• A statement of the Provincial Interest, which explains the provincial interest for aparticular subject area and why/how land use planning and development is related to

it—this outlines the intent of The Policies;

Note: bolded, italicized words are defined in the definitions section

8

• A goal(s), which identifies what the Province hopes to achieve in this subject area to

support the intent;• Land use policies, which outline the general or specific actions that should be taken

or measures put into effect to meet the goal and intent; and

• Italicized terms, which have specific meaning for the Province and which are defined

in the Definitions Section. The normal meaning applies when a term is not italicized.

The Policies are to be read as a whole and the relevant policies are to be applied to the

circumstance or consideration. While none of the policies have precedence over theothers, those of Policy Area 1: General Development apply equally to all the other Policy

Areas and should be read together with them. The Policies are to be interpreted so as

not to derogate from Treaty and/or Aboriginal rights. Development plans need to berespectful of Treaty and/or Aboriginal rights and any requirements for consultation.

DEFINITIONS

“adaptation” means initiatives and measures to reduce the vulnerability of natural andhuman systems against actual or expected climate change effects. Various types of

adaptation exist, including anticipatory and reactive, private and public, and autonomous

and planned.

“adaptive capacity” means the whole of capabilities, resources and institutions of a

country or region to implement effective adaptation measures.

“aging in place” means the ability of residents to remain in a community over their

lifecycle because appropriate housing, services and amenities continue to be availableand accessible to seniors.

“agricultural operation” means an agricultural, horticultural or silvicultural operation

that is conducted in order to produce agricultural products on a commercial basis, and

includes:

a. the tillage of land;b. the production of agricultural crops, including grains, oil seeds, hay and forages;

c. the production of horticultural crops, including vegetables, fruit, mushrooms, sod,

trees, shrubs and greenhouse crops;d. the use of land for grazing livestock;

e. the use of land for livestock operations;

f. the production of eggs, milk and honey;

g. the raising of game animals, fur-bearing animals, game birds, bees and fish;h. the operation of agricultural machinery and equipment;

i. the processing necessary to prepare an agricultural product for distribution from

the farm gate;j. the application of fertilizers, manure, soil amendments and pesticides, including

ground and aerial application;

k. the storage, use or disposal of organic wastes for farm purposes.

“agro-commercial and agro-industrial uses” means those commercial and industrial

uses that provide services, machinery, equipment or goods specifically required by farmoperations, or store or process products grown or raised by an agricultural operation.

“basin or aquifer management plan” means a publicly developed management planthat addresses the sustainable development and management of water, land and natural

ecosystems through a review of the economic, social and environmental issues within a

basin/aquifer.

“brownfield” means abandoned, vacant, derelict or under-utilized commercial or

industrial sites where past actions have or may have resulted in contamination andwhere there is potential for redevelopment.

“Canada Land Inventory (CLI)” means a series of maps prepared by the governments

of Canada and Manitoba showing an evaluation of the capability of the land to support

agriculture, forestry, wildlife and recreation.

Note: bolded, italicized words are defined in the definitions section

10

“carrying capacity” means the level of use that a resource can permanently sustain

without degradation or depletion.

“cottage” means rural residential development that is intended to be used seasonally

or on a part-time basis.

“climate change” means a change of climate which is attributed directly or indirectly to

human activity that alters the composition of the global atmosphere and which is inaddition to natural climate variability observed over comparable time periods.

“critical and significant habitat (wildlife)” means habitat type crucial to the size,

distribution, or stability of a wildlife species in an area, such as: land presently wooded or

has an appropriate mix of wooded and open areas with a Canada Land Inventory (CLI)

class designation 1, 2, 3, or 4 for ungulates or designation 1W, 2W or 3W for ungulates;areas of unbroken native prairie greater than 20 acres in size; habitat important to

migratory species and for the maintenance of a wildlife population in a local area; and CLI

class 1, 2, 3 or 4 wetlands.

“Crown mineral land” means land in which the Crown holds a mineral interest with or

without the surface rights.

“Crown land” means lands as defined in The Crown Lands Act.

“design flood” means a flood magnitude on a waterway or water body that, on

average, is expected to occur once during a one hundred year period

“development” means:

a. the construction of a building on, over or under land;

b. a change in the use or intensity of use of a building or land;

c. the removal of soil or vegetation from land (unless its for cropping or forageproduction); and

d. the deposit or stockpiling of soil or material on land and the excavation of land.

“development plan” means a development plan by-law approved under The Planning

Act, a Crown lands plan (including a management plan for an Aboriginal traditional use

area), or any other official plan approved by a local authority and/or the Province, that

is used to direct development, land and resource use and achieve the stated goals for aspecified planning area.

“drinking water source” means raw, untreated water in the environment that is used tosupply a drinking water system.

“drinking water system” means the pumping, storage, treatment, distribution anddisposal facilities and services associated with the provision of drinking water.

“ecological reserve” means an area of Crown land established by provincial regulation

as an ecological reserve.

Note: bolded, italicized words are defined in the definitions section

11

“ecosystem” means a community of organisms functioning and interacting together within

their physical environment. It is composed of all living and nonliving parts of theenvironment in a defined space and time.

“endangered and threatened wildlife species” means species as defined in The

Endangered Species Act.

“enduring features” means the division of provincial natural regions into smaller units

based on soils and landforms.

“exploration” means a search for minerals or oil and gas by prospecting, by

geological, geophysical or geochemical surveys, by trenching, stripping, excavating ordrilling or by any other method.

“farm amalgamation” means the acquisition of additional farm land parcels to be

operated as one farm unit.

“farmstead site” means the portion of land of an agricultural operation that includesthe habitable residence of the producer and those buildings and facilities associated

with the farm operation, usually surrounded by a well-defined shelterbelt.

“fish habitat” means spawning grounds and nursery, rearing, food supply and migrationareas on which fish depend, directly or indirectly, in order to carry out their life

processes. Habitat includes the water and the physical and biological components such

as streambed, banks, vegetation, etc.

“free board” means an amount added to a design 100-year static water level on a

river to provide a factor of safety to account for unknowns such as uncertainties in thestatic level and the effects of wind and ice or debris jams.

“full cost recovery” means the generation of sufficient revenue through appropriate

pricing of a service to cover the full cost of provision. Costs include operating,

maintenance, administration, research and development expenditures, financial costs

and capital investments in facilities (including depreciation, interest and equity return at alevel sufficient to sustain the systems in perpetuity and achieve the mandated level of

service as a minimum).

“gas” means natural gas that:

a. contains methane and other paraffinic hydrocarbons, and might contain nitrogen,

carbon dioxide, hydrogen sulphide, helium or minor impurities;

b. is recovered or recoverable through a well from a reservoirand includes any fluid hydrocarbon, before and after processing, that is not oil or

condensate.

“green building” means building design and construction practices that significantly

reduce or eliminate the negative impact of buildings on the environment and occupants

in five broad areas: sustainable site planning; safeguarding water and water efficiency;energy efficiency and renewable energy; conservation of materials and resources; and

indoor environmental quality

Note: bolded, italicized words are defined in the definitions section

12

“greenstone belt” means an elongated area of metamorphosed volcanic and

sedimentary rocks in the Precambrian shield which has high potential for the discoveryof base metals and gold.

“groundwater” means all water under the surface of the ground, whether in solid orliquid form.

“growth centre strategy” means a strategic plan, as part of a development plan, thatidentifies which settlement areas in a planning area should be the focus for growth and

development, based on the particular capacities, functions and strengths of those

settlement areas.

“habitat (wildlife)” means the suitable arrangement of food, water, shelter or cover and

space on which a species depends for its life and propagation.

“heritage resources” means a heritage site, a heritage object, and any work or assembly

of works of nature or human endeavour that is of value for its archaeological,

paleontological, prehistoric, historic, cultural, natural, scientific or aesthetic features, andmay be in a form of sites or objects or combination thereof.

“high pollution-risk developments” means those developments, activities, land usesand structures that have a high risk of causing pollution and include, but are not limited

to chemical/ fertilizer storage facilities, disposal fields, fuel tanks, waste disposal

grounds, lagoons.

“infrastructure” means the physical assets associated with development that require

on-going maintenance, repair and eventual replacement, and in these policies refers

mainly to water and wastewater infrastructure, transportation infrastructure, solidwaste facilities, and water control works.

“integrated watershed management plan” means a publicly developed managementplan, approved by the Province, that addresses the sustainable development and

management of water, land and natural ecosystems through a review of the economic,

social and environmental issues within a watershed.

“intensification” means development at a higher density than currently exists via:

redevelopment of property, reuse of brownfield sites, development of underutilized

lots, infill development, mixing of compatible land uses and expansion or conversion ofexisting buildings.

“land subject to bank instability” means land on or above a slope adjacent to awaterway or water body that is subject to subsidence due to down slope soil

movement.

“land subject to erosion” means land that, within a 50-year period may be erodedaway or become unstable due to the action of water contained in an adjacent waterway

or water body.

“land subject to flooding” means land that would be inundated by floods up to and

including the design flood, that has a known history of flooding, or that would

Note: bolded, italicized words are defined in the definitions section

13

experience flooding during an event of such magnitude as may be specified by the

Province in areas protected by flood control works.

“lands that pose hazards” means property or lands that could be unsafe for

development due to naturally occurring processes, such as but not limited to, lands

subject to flooding, erosion and bank instability.

“LEED” means the Leadership in Energy and Environmental Design Green Building

Rating System, which is a consensus-based rating system that sets national standardsfor designing, constructing, operating and certifying green buildings.

“legal subdivision” means, as per The Surveys Act, that to facilitate the description fortitle to less than a quarter-section, every section must be taken to be divided into quarter

quarter-sections, each of 40 acres more or less, which must be styled legal subdivisions.

“lifecycle costing” means a process to determine the sum of all the costs associatedwith an infrastructure asset or part thereof, including acquisition, installation, operation,

maintenance, refurbishment and eventual disposal.

“livestock” means animals or poultry not kept exclusively as pets, excluding bees.

“livestock operation” means a permanent or semi-permanent facility or non-grazingarea where at least 10 animal units of livestock are kept or raised either indoors or

outdoors, and includes all associated manure collection facilities, but does not include an

auction mart.

“local authority” means a planning authority, water planning authority, conservation

district, northern community council, Crown corporation or other authority established by

the Province, including a planning council or co-management board, that adopts adevelopment plan for a specified planning area.

“metallic mineral” means a mineral deposit from which a metal or metals can be

extracted.

”mine” means an opening or excavation in the ground that is established or maintained

for the purpose of mining and includes:a. a quarry;

b. machinery, plant, buildings, premises, stockpiles, storage facilities, waste dumps

or tailings, whether below or above ground, that are used for, or in connectionwith mining;

c. a crusher, mill, concentrator, furnace, refinery, processing plant or place that is

used for crushing, sifting, drying, oxidizing, reducing, leaching, roasting, smelting,

refining, treating or conducting research on mineral bearing substances; andd. an abandoned mine and abandoned mine tailings.

”mineral” means a non-living substance that is formed by natural processes and isfound on or under the surface of the ground, irrespective of chemical or physical state

and before or after extraction, and includes peat, peat moss and substances that are

prescribed as minerals for purposes of The Mines and Minerals Act but does not includeagricultural soil, oil, natural gas or any other gas, any surface or groundwater or other

Note: bolded, italicized words are defined in the definitions section

14

substance that for purposes of The Mines and Minerals Act is prescribed not to be a

mineral.

“mineral access rights” means, in respect of a lease or mineral disposition, the right

to enter, use and occupy the surface of the land to prospect or explore for or develop,

mine and produce minerals but does not include surface rights.

“mineral disposition” means a claim, mineral exploration license or a quarry permit.

“mitigation” means reducing or eliminating adverse impacts and risks associated with

development or activity via:

a. avoiding impacts and risks altogether by not undertaking the development/activityor certain parts of it;

b. minimizing the impacts and risks by limiting the degree or magnitude of the

development/activity;

c. rectifying impacts and risks through repairs/remediation;d. reducing or eliminating the probability of having the impact or risk reoccur, and

e. implementing strategies to reduce greenhouse gas emissions and enhance

carbon sinks.

“natural lands” means lands that support native plants and animals of a mixture

representative of the natural ecology of the area. Such lands may be subject tomanagement, recreational and resource harvesting activities that will not significantly

change the ecological characteristics of the land.

“new growth area” means areas designated in an approved development plan for the

expansion of a settlement area over a medium-term planning horizon. The term refers

mainly to lands that have not been used for the development of non resource-relateduses. New growth areas may be for residential as well as industrial and commercial,

institutional and other land uses.

“non resource-related use” means a land use or development whose location is notdependent on a particular natural resource, including residential, commercial, industrial,

and indoor recreational uses, playing fields, amusements, and golf courses.

“normal farming practices” means practices conducted in a manner consistent with

proper and acceptable customs and standards as established and followed by similar

agricultural operations under similar circumstances. This includes the use of

innovative technology used with advanced management practices and in conformity withall provincial legislation.

“oil” means crude oil and other hydrocarbons that are recovered or are recoverable inliquid form through a well from a reservoir.

“planning area” means the geographical area defined in a development plan to whichthe development plan applies.

“planning authority” means the board of a planning district, or the council of a

municipality that is not part of a planning district, that has been authorized to adopt adevelopment plan by-law and development policies under The Planning Act.

Note: bolded, italicized words are defined in the definitions section

15

“potentially dangerous or nuisance-causing uses” means development that can

pose dangers to life and health, or is offensive and disturbs the reasonable use of one’sproperty. Examples of these uses includes: major utility and transportation facilities;

waste storage, handling or disposal sites; and other land uses that can create safety

issues, noise and odour concerns, etc.

“prime agricultural land” means land composed of mineral soil determined by the

Province to be of dryland Agricultural Capability Class 1, 2 or 3 and includes a land unit

of one quarter section or more or a river lot, 60% or more of which is comprised of landof dryland Agricultural Capability Class 1, 2, or 3. In certain circumstances, land

composed of organic soil determined by the Province to be of dryland Agricultural

Capability Class O1, O2, or O3 or land determined by the Province to be of IrrigationSuitability Class 1A, 1B, 2A or 2B may also be considered to be prime agricultural land.

“producer” means a person who produces and markets an agricultural product.

“protected area” means an area of Crown land established under provincial legislation

where commercial logging, and development of oil, gas, mining, hydro electric

development and other activities, which may significantly and adversely affect the habitatof the area is prohibited.

“provincial forest” means an area of Crown land established, by provincial regulation,as a provincial forest.

“provincial highway” means a provincial trunk highway or a provincial road

declared to be a provincial trunk highway or provincial road under The Highways andTransportation Act.

“provincial natural land” means an area of Crown land established under provinciallegislation as a provincial park, park reserve or ecological reserve. It may include

wildlife management areas and other designated Crown lands which were established

to support native plants and animals of a mixture representative of the natural ecology of

the area.

“provincial park” means an area of Crown land established, by provincial regulation, as

a provincial park.

“provincial park reserve” means an area of Crown land established, by provincial

regulation, as a park reserve.

“provincial road” means a highway declared to be a provincial road under The

Highways and Transportation Act.

“provincial transportation system” means all provincial highways, provincial

roads, seasonal roads, provincial airports, rail lines/facilities, and ferry docking facilities

(refer to Manitoba’s Transportation System map attached).

“provincial trunk highway” means a highway declared to be a provincial trunk highway

under The Highways and Transportation Act.

Note: bolded, italicized words are defined in the definitions section

16

“provincial wildlife land” means an area of Crown land established, by provincial

regulation, as a wildlife, game bird, goose, or fur bearing animal refuge, or wildlifemanagement area, or special conservation areas.

“public services” means all infrastructure, services and amenities provided to the

public, including: water and wastewater infrastructure; water control works;transportation infrastructure; solid waste facilities; pipelines; utilities; parks, schools

and recreational facilities; health and social services; police, fire protection and other

emergency services.

“quality and quantity of water” means a measurement of water by indicators such as

minimum base flow, depth to water table, artesian pressure, oxygen levels, suspendedsolids, temperature, bacterial, nutrients and contaminants, and hydrologic regime.

”quarry minerals” means minerals (contained in either surface or subsurface deposits

or both surface and subsurface deposits) obtained by quarrying including aggregate(sand, gravel, crushed rock) shale, kaolin, bentonite, gypsum, clay, silica-rich sand, peat,

salt, coal, and rock or stone used for any purpose other than as a source of metal,

asbestos, potash, oil and natural gas.

“recreational use” means development of a recreational nature including beaches,

marinas, campgrounds, resorts, canoe routes, trails and associated seasonal and publicfacilities.

“regional highway routes” means routes generally consisting of provincial roads that

serve regional and local freight and mobility needs, identified on Manitoba’sTransportation System map (attached).

“rehabilitation” means the act of restoring land and/or resources, that have beendamaged or degraded by development, to a state which is safe, stable and

environmentally compatible with adjacent lands or its original natural state.

“renewable resource” means wildlife and forest resources in this regulation.

“resource-related use” means a use that is directly dependent on the land or resource

base, such as agriculture, quarrying, forestry, fishing, trapping, hunting, energyproduction (water [hydro], wind).

“riparian area” means an area of land on the banks of or near a water body orwaterway, which due to the influence of water supports, or in the absence of human

intervention would naturally support, an ecosystem that is distinctly different from that of

adjacent upland areas.

“rural residential” means non-farm, single family residential development located

outside of urban centres on larger lot sizes. Rural residential development can be

serviced by on-site water and wastewater infrastructure or by piped water and/orwastewater infrastructure).

“seasonal roads” means roads that provide seasonal access to Manitoba’s remotecommunities such as the winter road system that is identified on Manitoba’s

Transportation System map (attached).

Note: bolded, italicized words are defined in the definitions section

17

“settlement areas” means the urban centres, rural residential areas, cottage areasand other communities that have been designated in an approved development plan.

“specialized agricultural operation” means an agricultural operation on which high

value, lower volume, intensively managed agricultural produce is grown and may includegreenhouse production, honey production and processing, horticultural production

including vegetables, fruit or mushrooms, and production of trees or shrubs. Generally

these types of specialized operations sell products directly to the consumer by means ofroadside stands or farm stores, u-pick operations, farmers’ markets, and direct sales to

restaurants or retail outlets.

“static water level” means a computed design water level with no allowance for

uncertainties in computation and no adjustment for wind, ice or debris jams.

“surface water” means all waterways and water bodies on the earth’s surface thatmay be defined by their hydrologic characteristics, soil moisture, soil type, vegetation, or

topographic characteristics.

“sustainable service delivery” means the provision of infrastructure to customers at

a standard or level that meets customer needs, regulatory requirements and accepted

industry standards and requires the generation and expenditure of sufficient funds toachieve this on an ongoing basis.

“tenure” means the terms and conditions upon which mineral rights are assigned.

“trade and major tourism routes” means routes generally consisting of provincial

trunk highways that move people and large volumes of highway freight, identified on

Manitoba’s Transportation System map (attached).

“transit-oriented development” means moderate and high density housing, along with

complementary public facilities, jobs, retail, and services concentrated in mixed-use

nodes at key points along a transit system.

“transportation infrastructure” means all highways, roads, bike paths, sidewalks,

airports, rail lines and docking facilities, as well as transportation and transit facilities.

“treaty land entitlement (TLE)” means land owed to First Nations under the terms of

Treaties signed between the First Nations and Canada (1871 to 1910).

“universal design” means the creation of environments that respond to the needs of

the entire population and acknowledges that people come in various sizes and have

various strengths and abilities.

“urban centre” means an incorporated city, town and village; as well as an

unincorporated centre with all of the following features:a. a concentration of 25 or more permanent residences;

b. a mix of commercial and community services; and

c. a historic basis or place name.

Note: bolded, italicized words are defined in the definitions section

18

An urban centre may also include any other urban centre approved by the Province

through designation in a development plan by-law.

“viable lower class land” means land that is not prime agricultural land but that is

used for agriculture or has the potential to be used for agriculture.

“wastewater management system” means the collection, storage, treatment,

distribution and disposal facilities and services associated the management of

wastewater.

“water” means all groundwater, surface water and riparian areas

“water and wastewater infrastructure” means all drinking water systems and

wastewater management systems, regardless of whether they are onsite or piped

systems, or whether they are privately, communally or municipally operated.

“water body” means a body of standing water, whether naturally or artificially created,

and whether the presence of water is continuous, intermittent or occurs only during a

flood, including but not limited to inland lakes, wetlands, ponds, springs, seepage areasand recharge/discharge areas, including ice on any of them.

“water control work” means any dyke, dam, surface or subsurface drain, drainage,improved natural waterway, canal, tunnel, bridge, culvert borehole or contrivance for

carrying or conducting water, that:

a. temporarily or permanently alters or may alter the flow or level of water,including but not limited to water in a waterway or water body, by any means,

including drainage; or

b. changes or may change the location or direction of flow of water, including butnot limited to water in a waterway or water body, by any means, including

drainage.

“water quality management zones” means zones designated under The Water

Protection Act including those designated for the management of nutrients in

accordance with the Nutrient Management Regulation (MR 62/2008).

“watershed” means a region draining into a waterway or water body, as designated

under Section 14 of The Water Protection Act.

“waterway” means any landscape feature (natural or artificial) that continuously or

intermittently transports water on the earth’s surface, including headwaters, rivers,

streams channels, creeks and drains.

“wetlands” means lands that are seasonally or permanently covered by shallow water

as well as lands where the water table is close to or at the surface, such as swamps,marshes, bogs and fens.

“wildlife” means any wild species of plant or animal occurring in the Province of Manitoba.

“wildlife management area” means an area of Crown land established by provincialregulation as a wildlife management area.

DEVELOPMENT PLAN BY-LAWS

PROVINCIAL INTEREST

Planning authorities are responsible for land use planning within their own planning

areas. To help guide development and manage change, planning authorities adopt

development plan by-laws.

Development plan by-laws set out the goals and policies for development within a

planning area. They are the cornerstone for decision making related to land use anddevelopment and must be kept current to reflect the goals and vision the community is

trying to achieve.

While land use decisions are a local responsibility, the Province has a vested interest in

how land and resources are planned and how development occurs across Manitoba.

The Provincial Land Use Policies (The Policies) express this interest and development

plan by-laws must be generally consistent with The Policies.

Generally consistent means that development plan by-laws will embody the principles of

sound land use planning as expressed in The Policies, and the goals, plans and policiescontained in development plan by-laws will reflect the spirit and intent of The Policies.

This is important because once a development plan by-law is adopted, The Policies no

longer apply to the planning area until a plan is amended or reviewed. As such, a

development plan by-law is ultimately a jointly prepared policy document that is ‘owned’by both the local planning authority and the Province.

To ensure that development plan by-laws are prepared consistently and of a highstandard, the following requirements outline how plans should be prepared, amended

and reviewed. The sections or Policy Areas that follow provide the ‘content’ that should

be addressed by development plan by-laws, as they reflect the provincial interests.

GOALS

To have all planning authorities adopt comprehensive and integrated development

plan by-laws within the overall provincial policy framework that support the sustainable

development of Manitoba and reflect the provincial interest in and local considerationsfor land, resources and development.

To ensure that development plan by-law policies are mutually supportive of the policies

of other local or regional plans including: integrated watershed management plans,transportation plans, municipal emergency and business continuity plans and climate

change action plans.

Note: bolded, italicized words are defined in the definitions section

20

DEVELOPMENT PLAN BY-LAW REQUIREMENTS

1. When preparing or reviewing a development plan by-law, planning authorities will,in consultation with local stakeholders, develop a long-term vision for the planning

area that supports the health and well-being of residents, the economy and

environment, and set goals and policies to achieve that vision.

2. When amending a development plan by-law, planning authorities will rationalize

proposed amendments within the context of the vision, goals and policies set out inthe plan.

3. In preparing, reviewing or amending a development plan by-law, planning

authorities, with the assistance of qualified planning professionals, will undertakeappropriate analysis, surveys and/or studies for the planning area and make them

available for review by stakeholders and the public.

Analysis, surveys and/or studies can include, but not be limited to:

a. demographic analysis and population studies/projections;

b. supply and demand studies;

c. housing studies;

d. economic and fiscal analysis;

e. traffic impact analysis and transportation planning studies;

f. greenhouse gas emissions inventories and forecasts;

g. climate change vulnerability/risk assessments;

h. water, heritage, agriculture, forestry, wildlife, natural lands and mineral

resource and capacity studies; and

i. any other matter related to the present or future physical, environmental, social,

cultural or economic characteristics of the planning area, of relevance to the

development plan by-law.

The type and degree of analysis, surveys and/or studies to be prepared will berelative to local circumstances, the nature and complexity of the plan (preparation,

review or amendment), and the matters under consideration.

4. To ensure that development plan by-laws are integrated and comprehensive, the

preparation, review or amendment of a plan will:

a. include a process that compares/overlays the location of resources andenvironmental features with the location of existing development to identify

opportunities and limits to growth in the planning area;

b. consider the policies of other local/regional plans and strategies (such asintegrated watershed management plans and climate change action plans) to

ensure they are mutually supportive;

c. provide opportunities for public participation in the planning process and ensure

that the vision, goals and policies in the plan are reflective of the cultural and

Note: bolded, italicized words are defined in the definitions section

21

social interests within the planning area, including those associated with

Aboriginal and First Nation treaty rights/obligations;

d. provide guidelines for land use controls and the subdivision of land; and

e. set out the measures for implementing the plan policies and timelines for

expected outcomes; monitor achievement of goals by identifying targets and

indicators of success.

5. Planning authorities will ensure there is an appropriate range and mix of land uses

to meet the anticipated long term needs of the community(s) within the planningarea. As such, the development plan by-law will:

a. designate land uses and identify directions for growth on the basis of up to a

25 year, long-term planning horizon that supports the community vision;

b. provide for a sufficient supply of serviceable lots to accommodate a 5 to 10

year demand for various land uses;

c. identify the public services that are planned or required and determine how

new development will be financed, based on the supplies, planning horizonsand designations above; and

d. consider the overall supply and demand for, and suitability of, land uses on a

regional basis when determining the above provisions.

6. Planning authorities will collaborate with the Public Schools Finance Board and

local school divisions to ensure that development plan by-laws and subsequentsecondary plans contain appropriate policies to support the adequate and

appropriate provision of lands for public educational facilities and the consideration of

the long term land use and development decisions that the siting of these facilities

will have in the planning area.

7. To keep development plan by-laws current, planning authorities must undertake a

review of their plan every five years, or as often as agreed to by the planningauthority and the Province of Manitoba, as per the provisions outlined in The

Planning Act and The City of Winnipeg Charter

POLICY AREA 1: GENERAL DEVELOPMENT

PROVINCIAL INTEREST

Manitobans live in a rapidly changing environment. For example, more extreme weather

events and departures from climate norms now represent a significant risk to Manitoba.

Our communities, ecosystems and economy are vulnerable to the impacts of climatevariability and shifts in bioclimate and land use decisions should be cognisant of these

risks and strive to reduce vulnerability of communities and make them more resilient.

It is important to the Province that Manitoba’s communities are environmentally, socially

and economically resilient. From a land use perspective, this means fostering planning

and development practices that support climate change mitigation and adaptation,promote healthy and fiscally sustainable communities, encourage diversity and protect

cultural integrity

Every community has unique circumstances and will use different methods to achievetheir goals. However, there are a number of planning and development practices that

the Province would like to see applied consistently because they are fundamental to the

sustainable development of Manitoba and are rooted in sound land use planningprinciples.

The Province supports and promotes these practices to ensure that development is

reflective of a community’s long term vision, is compatible and avoids land use conflicts,promotes health, minimizes economic risks to the public, anticipates future needs and

cumulative impacts, ensures the sustainable use of land and resources, protects

ecological integrity and maximizes public investments.

In addition to these practices, the Province encourages (and in some cases mandates)

innovative and best practice approaches to land use and development to help addressprovincial commitments to climate change mitigation, sustainable development,

energy efficiency, and accessibility. For example, LEED certification®, technologies and

tools can improve the energy and resource efficiency of our built form and reduce the

greenhouse gas emissions footprint of buildings.

These practices and innovative approaches are reflected in the following Policies for

General Development. These Policies apply to all planning and development decisions.

A. PROTECTING PEOPLE, PROPERTY AND INVESTMENT

GOALS

To avoid and mitigate risks to people, property and investments from hazards and

nuisances.

To anticipate change and undertake the necessary planning and measures needed to

adapt.

Note: bolded, italicized words are defined in the definitions section

23

POLICIES

1. Local authorities will direct development to areas that are suitable for theproposed use and where risk can be prevented or minimized. Assessment of risk

should include:

a. hazards or activities in or nearby the proposed development area that have the

potential to negatively impact the development or the safety of its users;

b. consideration for the accessibility of the site to emergency services;

c. existing land uses in or nearby the proposed development area that could be

negatively impacted by the development;

d. the potential for the development to negatively impact the environment; and

e. consideration of vulnerabilities to future climate change impacts.

The local emergency plan should be consulted to help assess the potential forhazards or risk.

2. Lands that pose hazards to persons, property and/or investment are not suitablefor development and should be left in their natural state, or limited to low intensity

uses.

3. Potentially dangerous or nuisance-causing uses, or otherwise incompatible

developments should be located so that they:

a. do not negatively affect existing development or designated land uses; and

b. can operate and/or expand safely, without unreasonable limitations.

Dangers and nuisances associated with these uses should be anticipated andprevented or suitably mitigated through use of separation, natural or human-made

barriers, operating techniques, building materials or design.

B. ENSURING COMPATIBILITY BETWEEN LAND USES

GOALS

To minimize land use conflicts by ensuring land uses and development are compatible.

To ensure the development of non resource-related uses is efficient and orderly and

occurs in the most strategic locations to maximize investments, without negatively

impacting on resource-related uses.

POLICIES

4. Development must be compatible with its surroundings, existing uses andtransportation systems.

Note: bolded, italicized words are defined in the definitions section

24

5. The dedication of land to non resource-related uses should not be wasteful of land.

The designation of non resource-related uses should be consistent with thedemonstrated rate of change and with the community vision for the planning area

and within the region.

6. Non resource-related uses must be directed to existing urban centres.

Exceptions to the above include rural residential and cottage development, and

non resource-related uses that:

a. may be directed to other areas that have been designated for those uses;

b. are intended primarily to serve the farm community;

c. are deemed hazardous or incompatible in an urban centre setting; or

d. require larger site areas which are not available or appropriate in an urban

centre.

For exceptions c and d, these uses should be designated in the development plan.

7. The exceptions outlined in policy 1.A.6 above will be directed away from prime

agricultural land, viable lower class lands and existing agricultural operations

wherever possible and appropriate. As a priority, such uses should be directed toareas where agriculture is less dominant due to a combination of: a diversity of

landscape features, a predominance of lower class land, a high degree of land

fragmentation, and the existence of a mixture of land uses.

8. Development outside of urban centres must ensure adequate separation from

those centres so as not to impede their orderly expansion, based on their land needs

over a long term planning horizon.

C. INTEGRATING PUBLIC SERVICES

GOALS

To maximize existing investments in public services

To integrate public service considerations into development decisions to ensure thatpublic services have the capacity to support the development

POLICIES

9. The direction and pattern of development should support the strategic, economical

and accessible provision of public services to meet current and projected needs. As

such, development should be directed to areas:

a. where appropriate public services exist, prior to areas without services;

b. where public services are planned and budgeted for and where they canbe introduced in an economical and timely manner; and

Note: bolded, italicized words are defined in the definitions section

25

c. that have been identified for redevelopment or intensification as they

have excess public service capacity, such as brownfield sites.

10. Where feasible, public services should be co-located to promote cost-effectiveness

and facilitate service integration.

11. Development should be examined at a regional scale to identify possible

opportunities for regional cooperation, economic and energy efficiencies and service-

sharing.

12. Development should not result in unexpected or unreasonable costs to the public.

As such, proposals for development should demonstrate:

a. the anticipated short and long-term/lifecycle public costs associated with

a development and any future phases; and

b. that existing public services have the capacity to accommodate

additional development;

13. Planning authorities will ensure that development incorporates appropriate public

services; vehicle, pedestrian and bicycle traffic; safe access to public amenities,

commercial and employment areas; and transit where appropriate.

D. PROMOTING SUSTAINABLE DEVELOPMENT

GOAL

To promote sustainable land use patterns and innovative development practices that

minimize pollution, protect resources and reduce greenhouse gas emissions

POLICIES

14. To more fully identify the requirements of a proposed development, planning

authorities are encouraged to prepare secondary plans when:

a. developing large tracts of vacant or underutilized land;

b. redeveloping an existing built up area;

c. more detailed directions for land use, infrastructure, transportation, natural

lands, urban design or similar matters are required beyond the generalframework provided by the development plan; and/or

d. coordination between local and regional services, land uses and objectives are

needed.

Secondary plans outline the goals and policies governing the development and

redevelopment of land for the area to which it applies. The policies of the secondaryplan are intended to complement the policies of the development plan and are

implemented through plans of subdivision and detailed site planning.

Note: bolded, italicized words are defined in the definitions section

26

15. Development plans should include policies that encourage proposals fordevelopment to incorporate innovative design concepts and standards that:

a. address the needs of persons with disabilities, meeting standards for accessible

or universal design;

b. conserve or maximize efficiencies of natural resources including, but not limitedto, energy and water;

c. minimize contributions of harmful emissions or expulsions, including greenhouse

gases;

d. support the use of renewable and alternative energy sources;

e. mitigate the nutrient impacts of development through strategies such as

stormwater retention and treatment, and erosion control;

f. mitigate human/wildlife conflicts;

g. preserve the natural landscape features and work with the natural topography of

the area;

h. minimize the amount of impervious surface whenever practicable by usingnatural engineering design methods such as the use of open, shallow, grassed

street swales instead of curbs and gutters and, where feasible, encouraging

alternate surfacing options; and

i. meet the standards of LEED® (or equivalency) and/or green design practices in:

new building construction; the rehabilitation or conversion of existing buildings;

and the conservation of heritage buildings, where feasible, and where consistentwith heritage conservation standards as outlined in the Standards and Guidelines

for the Conservation of Historic Places in Canada.

16. Public services and resources must be accessible to the public. Developmentplans will identify existing and planned public services and resources and include

policies to accommodate public access to them. Some public resources, such as

navigable waterways, are best accessed by way of public shoreland reserves.

17. Development plans should include policies to protect open spaces for recreational

uses and wildlife habitat, and promote linkages between green spaces, in particular

through the creation and protection of greenways.

POLICY AREA 2: SETTLEMENT AREAS

PROVINCIAL INTEREST

Settlement has occurred in a variety of forms throughout Manitoba, including varying

scales of urban, suburban, rural, cottage and recreational types of development. This

settlement has also occurred in a range of sizes, from single lot subdivisions to smallcommunities, to the City of Winnipeg.

Manitobans value such variety when it comes to choosing where they live. Some enjoythe access, convenience and services of larger urban centres, while some prefer the

open spaces, large lots and farm characteristics of rural areas. Others favour qualities

of both.

It is important to the Province that Manitobans have the ability to choose where they live

based on their lifestyle preferences, and that a variety of choice exists. However, it is

equally important that individual choices (particularly as they relate to new or expandingdevelopment) are sustainable, support Manitoba’s commitment to reducing greenhouse

gas emissions and do not generate unnecessary costs to or negative impacts on the

public or upon the natural or heritage resources of the area. It is recognized that notall communities have the capacity to be economically self-sufficient and may rely on

public partnership to support their overall sustainable development.

The Province has developed land use policies that focus growth and development onexisting settlements areas, in particular, urban centres. Strong urban centres are

important to Manitoba’s long-term prosperity, social and environmental well-being and

economic competitiveness. They provide employment, a diversity of housing types andaffordable recreation and social services in an environment which can be universally

accessible and facilitate aging in place. Concentrating development in urban centres

also optimizes existing infrastructure and positions communities to generate the

economic activity necessary to sustain themselves into the future. Because of thesignificant investment already put into existing urban centres and because of their

social and historical significance, it is important to the Province that they are

strengthened, optimized and planned so as to be sustainable.

The Province has also developed land use policies to limit low density and scattered

residential development in rural areas. Such development, on a cumulative basis, cancreate conflict with agricultural operations, limit the ability of a municipality to provide

for an increasing level of services that meet regulatory standards, inhibit urban

expansion or access to resources, increase reliance on single-occupant vehicles and

associated emission of greenhouse gases, and pose environmental and public healthrisks due to inadequate onsite water and/or wastewater infrastructure. The costs

associated with these cumulative impacts are not limited to the individual; rather they are

borne by the public and may lead to a pattern of land use that is not fiscally orenvironmentally sustainable over the long term.

Note: bolded, italicized words are defined in the definitions section

28

A. STRATEGIC AND PLANNED SETTLEMENT

GOALS

To encourage strategic, clustered settlement patterns and foster a culture of sustainable

growth management and financial accountability

To promote healthy, vibrant and well-balanced communities

POLICIES

1. The emphasis of future development and growth should be on existing settlementareas, where investments have already been made.

2. A growth centre strategy that prioritizes the settlement areas to which

development will be directed, must be prepared by the local authority. The highestpriority for directing growth should be to urban centres with diverse and widely

accessible public services and amenities.

3. Municipal financial plans and capital plans should be coordinated and linked with the

growth centre strategy.

4. Growth and development of settlement areas should occur in a planned and

contiguous manner that emphasizes compact form. New growth areas must take

place adjacent to compatible, existing development.

5. Settlements will be directed away from areas deemed vulnerable to future climate

change impacts

B. STRONG URBAN CENTRES

GOALS

To foster, maintain and enhance the strength and competitiveness of Manitoba’s urban

centres.

To maximize and sustain existing investments in urban centres and ensure future

investment is strategic and limits public costs.

POLICIES

6. Development plan policies should promote a range of housing types, densities andaffordability levels in urban centres to accommodate a range of income levels, the

ability to age in place and diverse market demands.

Note: bolded, italicized words are defined in the definitions section

29

7. Development plan policies should encourage intensification and reinvestment in

existing areas before expansion into new growth areas.

8. Intensification activities should not result in the loss of green space and public

amenities. Wherever possible, intensification activities should contribute to the

inventory of green space and public amenities.

9. To maximize existing public investments, an urban centre’s downtown or business

district must be protected and enhanced through development plan policies that:

a. direct commercial facilities, public offices, institutional facilities and large scale

indoor recreational facilities which serve the whole community to the

downtown/main business district;

b. ensure safe, visible and effective public access to the downtown/business district

and its public facilities by public transit, and by planned linkages of the street

system, public walkways, bicycle paths, green spaces, and waterfronts;

c. encourage the preservation of heritage resources and significant structures;

d. promote the rehabilitation and reuse of existing buildings, encouraging the

multiple use of buildings and encouraging an appropriate mix of compatible land

uses (including different housing options in conjunction with other compatibleuses); and

e. support the revitalization of older neighbourhoods contiguous to the

downtown/business district.

10. As an exception to Policy 2.9(a), larger urban centres may permit commercial

facilities and services to locate outside of the downtown area, where the primary

function has been demonstrated to serve:

a. the travelling public. Such facilities and services should be directed to corridors

identified for these uses, or to nodes that connect multiple modes of

transportation; or

b. the district or neighbourhood in which it will be located. Such neighbourhood-

level facilities and services must generally be located in clusters served by

collector or arterial streets, and must complement rather than duplicate or directly

compete with the downtown.

11. Regional scale commercial facilities must only occur within designated commercial

areas that are identified as key nodes in the transportation system.

12. The expansion of an urban centre must be directed away from prime agricultural

land, agricultural operations and other valuable resources and/or resource-related uses so that land is not prematurely taken out of production or its use

prematurely inhibited. However, where factors such as servicing feasibility and land

availability make urban expansion into these areas the best option, urban expansion

will take precedence over other uses.

Note: bolded, italicized words are defined in the definitions section

30

C. SUSTAINABLE RURAL DEVELOPMENT

GOALS

To preserve the natural and rural character of rural Manitoba and reduce the amount of

land consumed, fragmented and made unproductive for resource-related uses.

To reduce the potential for land use conflicts with resource-related uses, which are the

dominant and preferred land use in rural Manitoba.

To ensure that rural residential and cottage developments are well planned and do

not lead to a pattern of development that creates costs for the public.

To anticipate the growing trend of cottage developments constructed as or converting

to year-round, permanent residences, and ensure that they are treated as such.

POLICIES

13. Rural residential and cottage development must be an alternative to the urban

lifestyle and reflect rural character. They should not compete with or detract from theexpansion of or development in urban centres, nor interfere with existing

resource-related uses or their expansion.

14. Rural residential and cottage development must be directed to areas designated

for these uses.

15. To preserve the natural and rural character of the area, cottage and rural

residential lot sizes must not be less than fifteen thousand square feet. Further lot

size requirements will be based on the type of wastewater infrastructure provided,

as outlined in the Onsite Wastewater Management Systems Regulation and Policy 6B.11. Lot sizes should not be so large that they are wasteful of land.

16. The cumulative impacts of rural residential and cottage development must beassessed to demonstrate that additional development of these types will not:

a. negatively impact on existing rural residential and cottage development;

b. create the requirement for urban-like services such as commercial development,

neighbourhood-scale facilities and services or institutional facilities, to serve thedevelopment. Rural residential and cottage development should rely on

nearby urban centres in the region for such services;

c. lead to the evolution of a new urban centre; and

d. detract from the natural and rural character that attracted development to the

area.

POLICY AREA 3: AGRICULTURE

PROVINCIAL INTEREST

Farms, today, range in size from small to moderate to very large modern business

operations. These operations generate income for rural families, put millions of dollarsand thousands of jobs annually into the local and provincial economy, provide a safe and

high quality supply of affordable food and agricultural products, and contribute to the

well-being of all Manitobans.

It is expected that rising fuel costs and climate change may place an increased demand

on the production and protection of local food sources. Producing food for local

consumption reduces food miles travelled and consequently greenhouse gases;increases food’s nutritional content, and ensures a more secure food source for

Manitobans. The Province encourages local authorities to plan for agriculture by

fostering an atmosphere conducive to agricultural production, specialization,diversification and value added processing. This will contribute to the economic

development of rural communities, reduce land use conflicts for agricultural operations

and enhance the use of agricultural land for food and other agricultural production.

Agricultural land is a valuable and limited natural resource and is the foundation of all

agricultural activities in Manitoba. Prime agricultural lands and viable lower class

lands can be considered non-renewable, as once taken out of production, they areseldom returned to agriculture. Yet, prime agricultural lands are necessary for

Manitoba’s annual crop production, while viable lower class lands support forage and

livestock production and grazing. Planning for the agricultural use of these lands andprotecting them from conversion to non-farm use is vital to the future of Manitoba’s

agricultural sector.

In reality, only about 13% of the provincial land base has agricultural potential and it isthis same portion of the land base that is generally seen as the most desirable for non-

farm use. Agricultural lands face increasing pressure from residential and recreational

development, but also from competing resource-related uses. The resultingfragmentation of the land base can make it difficult for producers to farm by increasing

the potential for conflict between farm and non-farm uses and inflating the cost of farm

land. The Province encourages local authorities to support the farming community bysetting policies that reduce the fragmentation of the agricultural land base and protect

the viability of agricultural operations. This will encourage long-term commitment and

investment from producers and enable a strong future for the agricultural sector.

A competitive agricultural industry needs a healthy environment. Agricultural producers

perform a multi-functional role as stewards of our resources and our cultural heritage.

Land use policies that protect working agricultural landscapes can also facilitate generalpublic benefits such as clean air and water, open space, wildlife habitat and reduced

downstream flooding. The Province encourages a long-term stewardship approach to

land management based on sustainable management practices.

Note: bolded, italicized words are defined in the definitions section

32

A. PLANNING FOR AGRICULTURE

GOALS

To protect agricultural land for present and future food production and agricultural

diversification opportunities.

To promote a strong agricultural sector by planning for agriculture and providing a stable

environment for producers, protecting agricultural operations from encroachment by

other land uses and maintaining the ability of a producer to efficiently manage, expand

or diversify an operation.

To encourage environmentally sound agricultural production and development in order

to ensure a sustainable agricultural industry over the long-term.

POLICIES

1. With assistance from the Province, the local authority will identify the agricultural

lands within the planning area and designate them for agricultural use. On these

designated lands, agricultural use will be given priority over non-resource relateduses. Agricultural lands include:

a) lands with existing agricultural operations,

b) prime agricultural land, and

c) viable lower class land used mainly for different types of mixed farming

enterprises, including crop production, forage production and livestock

grazing.

2. For areas designated for agricultural use, land use policies will be developed to:

a. protect prime agricultural land for a full range of agricultural operations;

b. protect viable lower class land for agricultural use, provided that it is consistentwith the natural limitations of the land and does not contribute to negative

environmental impacts, such as soil degradation;

c. protect agricultural operations from new non-agricultural development whichmight unduly interfere with their continued operation or future expansion;

d. foster the development of the agricultural sector in accordance with provincial

regulations;

e. encourage producers to diversify in the areas of direct-farm marketing, agri-tourism and other specialized agri-businesses; and

f. promote a local food industry as a means of reducing greenhouses gas

emissions from food miles travelled and protecting food security in a changingglobal climate.

3. Non-resource related uses will not be permitted on lands designated for agriculturaluse, except as otherwise provided for in this Policy Area.

Note: bolded, italicized words are defined in the definitions section

33

4. Agricultural operations that carry on normal farming practices and are compliant

with local by-laws and provincial acts will be protected from nuisance claims by anyother person for any odour, noise, dust, smoke or other disturbance and have the

right to carry on their operation and existence without fear of restriction by new land

uses. Any new users of land should be made aware of these prior rights of existing

agricultural uses.

5. To minimize further fragmentation of the agricultural land base, on lands designated

for agricultural use, land will be maintained in a minimum parcel size of at least 80acres, or 2 legal subdivisions which abut one another, except as otherwise

permitted under this Policy Area.

6. The subdivision of lands designated for agricultural use will only be considered under

the following conditions:

a) no further subdivision of the parcels created will be permitted; and

b) the subdivision is limited to one of the following circumstances:

i) a specialized agricultural operation that requires smaller land holdings

such as apiaries, nurseries and greenhouses.

ii) an existing farmstead site is no longer required as part of an agriculturaloperation due to farm amalgamation;

iii) a residential lot is required for an individual having significant ongoing

participation in the agricultural operation and deriving an income from it;

iv) a single lot subdivision of a parcel of land that has been physically isolated by

a transportation route or waterway and is of a size, shape and/or nature that

makes farming physically impractical; or

v) a single lot subdivision for an agro-commercial or agro-industrial use,where it is demonstrated that the nature or activity of the development

makes it essential to be located in an agricultural area, such as when they

directly serve farm operations or process and store agricultural products.

c) only one subdivision per 80 acre title is permitted for circumstances under Policy

3.A.6 (b) i) - iii) above.

7. Non-agricultural parcels created under policy 3.A.6 (b) (ii – v) above will not be

wasteful of agricultural land and will be confined to the existing shelterbelt that forms

part of a farmstead site, where applicable.

8. The reconstitution of titles and/or land consolidation of existing smaller holdings with

larger sized land holdings will be encouraged.

B. PLANNING FOR SUSTAINABLE LIVESTOCK OPERATIONS

GOALS

To promote a sustainable livestock sector by planning for livestock development in

order to minimize potential land use conflicts and protect the viability of producers.

Note: bolded, italicized words are defined in the definitions section

34

To provide clarity to producers, rural residents and governments on sitingconsiderations.

POLICIES

9. Development plans shall contain a livestock operation policy that sets out areas in

which applications to develop or expand livestock operations:

a. may be allowed;

b. may be allowed up to a specified maximum number of animal units; and

c. will not be allowed.

If there are areas in which livestock operations are limited by size or will not be

considered, the development plan shall state the reasons why. The plan shallidentify the factors set out in Policy 3 B.10 that support the restriction.

10. When establishing a livestock operation policy, a local authority shall take intoaccount:

a. soils information identified by the Province;

b. proximity to significant surface water bodies, such as lakes, rivers andwetlands;

c. flood risk areas identified by the Province;

d. groundwater vulnerability areas identified by the Province;

e. proximity to urban centres or other settlement areas, provincial natural landsor recreational use areas designated in the development plan; and

f. existing land uses in the area.

11. Development plans shall set out reasonable general standards respecting the siting

and setback of livestock operations, in accordance with provincial regulation. The

minimum siting and setback distances are the minimum siting and setback distancesthat a local authority may include in its development plan.

12. To protect existing livestock operations, development plans shall establish mutual

separation distances between existing livestock operations and any new orproposed:

a. designated settlement areas;

b. designated parks or recreational areas; and

c. residential dwellings not associated with the livestock operation.

The separation distances shall be generally consistent with the standards respecting

the siting and setback of livestock operations under Policy 11 above.

13. New livestock operations should not be permitted on soils determined by detailed

soil survey acceptable to the Province, with a scale of 1: 50,000 or better, to have an

Note: bolded, italicized words are defined in the definitions section

35

agricultural capability of Class 6, 7 or unimproved organic soils as described under

the Canada Land Inventory.

14. If detailed soil survey information is not available for the area in which a new or

expanded livestock operation is proposed, the applicant may be required to provide

a detailed soil survey for the site acceptable to the Province at a scale of 1:50,000 orbetter.

POLICY AREA 4: NATURAL LANDS, RENEWABLERESOURCES, HERITAGE & RECREATION

PROVINCIAL INTEREST

The Province has a public and stewardship interest in maintaining the sustainability ofrenewable resources, while ensuring a balance between conservation and development.

Land use planning can support this interest by identifying renewable resource areas and

protecting them from incompatible development, fragmentation and degradation, while atthe same time, capturing the economic opportunities, environmental and social benefits

and values they provide.

Natural lands and heritage resources often support traditional lifestyles and provideopportunities for aesthetic enjoyment, recreational use, tourism, cultural and heritage

appreciation, and sustainable development. In many cases, these lands help maintain life-

supporting ecological processes, biological diversity and help offset and abate thepotential problems of soil erosion, pollution, species extinction and climate change.

Economic benefits are also accrued from recreational use and tourism as natural

lands attract visitors into the area who may purchase a range of goods and servicessuch as guiding, accommodation, food and beverages, souvenirs, transportation needs

and other recreational activities. It is for these values and opportunities that the Province

has an interest in the conservation, protection and development of significant natural

lands and heritage resources through sound land use planning.

Some natural lands and heritage resources require extra protection due to their unique

or representative characteristics, such as enduring features. The Province is committedto permanently protect a representative sample of each of the province’s 18 natural

regions and sub-regions thereby conserving the biodiversity of Manitoba. These

protected areas may be, in whole or in part, a wildlife management area, provincialpark, ecological reserve, provincial forest or other area of Crown land established by

provincial legislation. Through memorandums of agreements, private lands owned by

conservation agencies are also recognized as protected areas.

Conservation of significant natural lands on private lands is also encouraged, through

the use of voluntary tools such as conservation agreements.

A. PROTECTING NATURAL LANDS & HERITAGE RESOURCES

GOALS

To conserve natural lands and heritage resources and protect them from damaging

uses.

To promote the compatible and sustainable development of natural lands and heritage

resources to optimize ecological, heritage, cultural, health and economic benefits to

communities and Manitobans.

Note: bolded, italicized words are defined in the definitions section

37

To permanently protect a representative sample of each of the Province’s naturalregions and sub-regions and conserve the biodiversity of Manitoba.

POLICIES

1. With assistance from the Province, local authorities will identify the following areas

in their development plans and prepare policies to protect them from incompatible

land uses and developments.

a. provincial natural lands and protected areas

b. heritage resources

2. When the Province establishes new provincial natural lands and protected areasevery attempt shall be made by the Province to include an internal buffer to protect

the critical and core portions of these areas.

3. Where provincial analysis supports the establishment of a provincial protected area,

commercial logging and the development of oil, gas, mines, hydro electric

development and other activities which significantly and adversely affect the habitat ofthe area, will be prohibited through legal means.

4. Crown land plans should identify and address the needs and concerns of local

residents and communities and recognize and address First Nation and Aboriginalconstitutional and treaty rights with respect to Crown natural lands and heritage

resources including traditional uses, spiritual and cultural concerns and values.

5. The conservation of heritage resources will be undertaken in a manner compatible

with The Standards and Guidelines for the Conservation of Historic Places in Canada.

6. The Province will collaborate and cooperate with the local authority to identify the

potential for compatible, environmentally sound sustainable development of natural

lands and heritage resources, such as historic structures and sites for residential and

commercial uses, heritage resources for education and tourism, and natural lands insupport of ecotourism such as wildlife viewing and wilderness canoeing.

7. Abandoned or unused rail lines, train stations and grounds and road allowancesdetermined to be significant by the Province or local authority, should be identified in

development plans and policies should be established for their protection,

appropriate use or development.

8. Degraded or damaged natural lands and heritage resources which are deemed

significant by the Province or the local authority should be identified in development

plans, and where practical prioritized for rehabilitation.

9. Significant natural lands and heritage resources should be set aside from

development through appropriate mitigation and protection methods to preserve thevalues of these sites.

Note: bolded, italicized words are defined in the definitions section

38

B. SUSTAINING RENEWABLE RESOURCES

GOALS

To maintain the sustainability of renewable resources and protect biological and

ecological diversity.

To protect habitat through conservation, preventing habitat loss and fragmentation and

by enhancing and restoring habitat.

To facilitate the sustainable use of renewable resources in an environmentally sound

manner.

POLICIES

10. With assistance from the Province, local authorities will identify the following areas

in development plans and prepare policies to protect them from incompatible landuses and developments.

a. provincial wildlife lands and provincial forests

b. critical and significant wildlife habitat, including habitats of endangered andthreatened wildlife species.

11. When the Province establishes new provincial wildlife management areas, special

conservation areas and/or provincial forests, every attempt will be made by theProvince to include an internal buffer as part of the provincial designation to protect the

critical and core portions of these lands.

12. With assistance from the Province, planning authorities will facilitate voluntary

actions to conserve critical and significant wildlife habitat on private land[0].

13. Development plans will include policies and measures to prevent and mitigate the

fragmentation of critical and significant habitats and support the establishment of

and protection of wildlife corridors where possible.

14. With assistance from the Province, local authorities will identify areas where

sustainable forest management and harvesting is permitted or is the dominate land use,and establish policies for the integration of sustainable forest management and

harvesting in areas designated for agriculture in the development plan.

15. Development should enhance, or encourage the establishment of, urban forests and

green spaces wherever possible.

16. Crown land plans and development decisions must address the wildlife and forestneeds and concerns of local residents and communities. The constitutional and

treaty rights of First Nation and Aboriginal communities with respect to renewable

resources should be recognized as they relate to provincial Crown land.

Note: bolded, italicized words are defined in the definitions section

39

17. The Province, in conjunction with the local authority, will identify areas where there

are sustainable wildlife and forest use opportunities and establish policies topromote activities such as wildlife viewing, tourism, ecotourism, hunting, trapping,

collecting, associated service industries, timber harvesting in the development plan.

18. With assistance from the Province, local authorities will identify degraded ordamaged wildlife habitats with significant wildlife potential and lands best suited for

forest establishment in the development plan, and where practical, prioritize these

areas for rehabilitation.

19. Development plans should include policies to encourage the establishment of

woodlots and shelterbelts on lands which are not critical and significant wildlifehabitats, including but not limited to:

a. marginal land being used for agriculture, generally Canada Land Inventory

classes 6 and 7 for agriculture;

b. land susceptible to erosion;

c. lands with recreational or wildlife suitability;

d. lands adjacent to highways with potential to increase public safety;

e. disturbed lands which require reclamation and rehabilitation; and

f. encroached road allowances so as to reclaim them from unauthorized

development.

C. COMPATIBLE RECREATIONAL USE

GOALSTo manage the recreational use of resources, which are recognized as valued assets

and an integral part of Manitoba; and

To ensure that existing and future recreational use is appropriately planned andaccessible to the public.

POLICIES

20. With assistance from the Province, local authorities will identify areas with natural

resources that are suitable for outdoor recreational use. In identifying areas, local

authorities should consider:

a. areas identified by the Canada Land Inventory as having a high recreation

capability; and

b. lake carrying capacity to support recreational use

Outdoor recreational uses must preserve the natural and/or recreational characterof the resources that it relies upon and not exceed the carrying capacity of those

resources;

Note: bolded, italicized words are defined in the definitions section

40

21. Where a recreational use has a significant local or regional impact, it must bedesignated in the development plan.

22. Development plans should provide for adequate land to accommodate anticipated

and arising recreational uses and ensure public access to recreational use areasand facilities.

23. Recreational use must be planned to minimize and mitigate any negative impactson the natural environment and may include provisions to limit the: density of

development, location of buildings, proximity of development to shorelines, clearing

of land and construction.

POLICY AREA 5: WATER

PROVINCIAL INTEREST

Sufficient quantities of high-quality water are essential to the sustained economic andsocial development of Manitoba. It is a vital resource to communities and for supporting

business, industry, recreational use, cultural and heritage resources. Just as

importantly, water and its aquatic ecosystems are critical to the important

environmental and ecological functions that sustain healthy communities. For thesereasons, the Province is committed to encouraging land use and development that

supports the sustainability of the water in the Province.

This Policy Area recognizes the value and importance of water to the Province of

Manitoba and ensures that development respects its integrity. Wise use of land and

sustainable development practices will help to:• protect quality and quantity of surface water and groundwater;

• protect important aquatic ecosystems;

• ensure clean sources of water for drinking;

• reduce risk to people and property due to flooding; and• protect cultural and heritage resources,

while continuing to meet important needs (e.g., drinking water, agriculture, recreation,

tourism, irrigation, and hydro-electric power generation).

To do so, planning for future developments must take into consideration the entire

watershed. Integrated watershed management plans, which are locally developed

and approved by the Province in accordance with The Water Protection Act, address thesustainable development and management of water, land, and aquatic ecosystems

through a review of the economic, social, and environmental issues within a watershed.

An integrated approach is also critical to mitigating and adapting to the effects of future

climate change, such as increases in the severity and frequency of droughts or floods.

With increasing water demand from a variety of users, more water sources nearing fullallocation, and the risk of drought, water scarcity is a real threat. To reduce vulnerability

to such a risk, communities need to develop strategies for prioritizing water allocation

and implementing water conservation measures. Land use planning is tool for

implementing these strategies and measures and can help build a community’sresiliency to risk and change.

A. PLANNING FOR WATER

GOAL

To ensure coordinated and effective planning and decision-making related to water in

Manitoba.

Note: bolded, italicized words are defined in the definitions section

42

POLICIES

1. Local authorities should collaborate/cooperate on the preparation of developmentplans, integrated watershed management plans and basin/aquifer plans related to

the planning area to ensure they are harmonized and mutually supportive.

2. Through integrated watershed management plan and development planprocesses, all water within and adjacent to the planning area should be identified.

B. PROTECTING WATER

GOAL

To ensure the protection of Manitoba’s water and that the quality and quantity of our

water and aquatic ecosystems are healthy and sustainable for future generations.

POLICIES

3. Intensive and high-pollution risk developments will be restricted in or near water.

Where restriction is not possible, such development must be limited and may besubject to:

a. demonstration by the proponent that no significant negative affect on water is

likely to occur;

b. the implementation of mitigation measures and alternative approaches that

protect, improve or restore these areas;

c. the preparation of a strategy for mitigation in the event that negative impacts do

occur.

4. To protect surface water quality, including drinking water sources, developments

in or near surface waters and riparian areas will be restricted or limited if they:

a. lead to the contribution of nutrients, deleterious chemicals or materials to water

bodies;

b. accelerate erosion and bank instability;

c. cause the removal of natural vegetative cover; and/or

d. may have an impact on in-stream flows needed to maintain healthy aquatic

ecosystems.

5. To ensure the protection, retention and, where required, rehabilitation of riparian

areas, the following conditions apply to development along waterways or water

bodies:

a. That a minimum setback of 30-metres upslope from the normal high water mark

be applied to all natural waterways and water bodies connected to the surface

Note: bolded, italicized words are defined in the definitions section

43

water network, including any ephemeral or intermittent streams and wetlands,

but excluding first and second order drains;

b. That a minimum setback of fifteen-metres upslope from the normal high water

mark be applied to first and second order drains;

c. That a setback wider than 30 metres may be applied to provincially designated or

socially, historically, and culturally important waterways or water bodies withunique aquatic assemblages and species identified by The Species at Risk Act,

Manitoba Endangered Species Act, or the Committee on the Status of

Endangered Wildlife in Canada;

d. That the natural vegetative cover be retained or rehabilitated within the above

setback distances;

e. That docks, pathways, boathouses, or other alterations within riparian areas bekept to a minimum and not comprise more than 25 percent of the length of the

lot’s shoreline and incorporate best management practices; and

f. That no alteration is made to the near shore aquatic habitat unless the activity

adheres to a Fisheries and Oceans Canada operational statement or is reviewedby Fisheries and Oceans Canada.

6. Developments that discharge effluent, pollutants or involve nutrient applications, orthat have the potential to impact water, must obtain all relevant permits and licenses

as required by provincial regulations, policies and guidelines (Manitoba Water

Quality Standards, Objectives and Guidelines and Nutrient Management Regulation,etc) prior to the commencement of activity.

7. To protect drinking water sources, local authorities will, in consultation with and

on the advice of the Province, restrict or limit developments that:

a. contribute pathogenic organisms to water that supplies drinking water

systems;

b. increase turbidity to water that supplies drinking water systems; or

c. contribute deleterious chemicals and nutrients to water that supplies drinking

water systems.

8. To protect the sustainability of drinking water sources, local authorities will:

a. promote efficient and sustainable use of drinking water sources, including

identifying and implementing practices and targets for water efficiency/

conservation;

b. limit water extraction and consumption activities that deplete drinking water

sources in either the short-term or long-term;

c. prioritize the use and consumption of drinking water sources to those land usesand developments that require drinking water;

d. where drinking water is not required (i.e., irrigation and industrial operations),

investigate the possibilities of using water other than drinking water sources or

potential drinking water sources (such as rain capture or grey water collectionand redistribution).

Note: bolded, italicized words are defined in the definitions section

44

9. Proposals for development that may have a significant impact on recharge are

required to demonstrate that development will not affect the quantity and quality ofthe recharge of groundwater systems such that unacceptable changes occur to

natural systems or to the ability of aquifers to provide groundwater for normal

usage.

10. To ensure the sustainability of the aquifer, developments that require the removal of

groundwater must not:

a. allow removal to occur at rates that exceed the long-term ability of the aquifer toprovide groundwater;

b. degrade the quality of water within the aquifer;

c. result in significant or unacceptable impacts on ecosystems reliant ongroundwater discharge.

11. Planning authorities, in cooperation with the Province, will identify any degraded or

damaged water and, where practical, prioritize these for rehabilitation.

C. AVOIDING FLOODING AND EROSION

GOAL

To promote land use patterns and development that minimize risks to people, propertyand water quality from hazards and nuisances related to flooding, erosion or bank

instability.

POLICIES

12. In cooperation with the Province, local authorities will identify lands subject toflooding, erosion and bank instability in their development plans and develop

policies to limit development in these areas and reduce risks through mitigative

measures.

13. Of those lands identified in policy 5.C.12 above, those that experience prolonged

annual flooding and/or chronic erosion and bank instability must be left in their

natural state. Where this is not possible, development will be restricted to lowintensity uses (e.g. greenways, native haying and native grazing, outdoor

recreation uses and forestry).

14. Development will only be considered on lands subject to flooding, erosion, and

bank instability where the risk is eliminated or significantly reduced by mitigation.

These developments will be subject to the following conditions:

a. that additional risk to life, health or safety is negligible;

b. that all structures and services (wells, septic fields, holding tanks, manure

storage, etc) are protected to eliminate or minimize damages from hazards

related to flooding, erosion or bank instability;

Note: bolded, italicized words are defined in the definitions section

45

c. that development will not adversely alter, obstruct or increase water flow,

velocities (especially overbank velocities) or flood levels;

d. that identified protection levels maintain a minimum 0.67 metre (two foot free

board for lands subject to flooding);

e. that identified protection levels incorporate effects of wind set-up and wave

uprush for lands adjacent to lakes and large reservoirs;

f. that in areas where the flooding and erosion hazard cannot be readily defined,

permanent structures shall be set back from all waterways a distance of at least

ten times the height of the bank above the normal summer water level or 30metres, whichever is greater, unless a geotechnical engineering investigation

shows that these limits may be altered;

g. that public access roads to developments be maintained at the static waterlevel in areas subject to flooding (some tolerance may be permitted in areas

where roads can impede river flows; however roads must be designed and

constructed in such a manner that they will remain functional under design flood

conditions);

h. that activities that accelerate or promote erosion or bank instability and the

removal of natural vegetation are minimized and not allowed within the riparian

area; and

i. that natural vegetative cover is preserved within riparian areas to reduce erosion

and maintain bank stability.

15. In areas where land is subject to flooding and flood protection is required, local

authorities will ensure that the flood protection works are constructed in

accordance with guidelines set out by the Province. Flood protection works can

include options other than just pads or dykes (i.e elevated structures, wet floodproofing, structural dykes).

D. MANAGING WATER CONTROL WORKS

GOAL

To ensure that proposed water control works are undertaken in a manner that

mitigates negative impacts on water, particularly wetlands, other resources, public andprivate property, riparian interests, receiving drainage works, and natural waterways or

water bodies

POLICIES

15. Any proposed water control works on private or public lands must be licensed bythe Province under The Water Rights Act. Larger projects may require an

Environment Act license and projects, with potential to impact fish habitat may

require approval from Fisheries and Oceans Canada.

Note: bolded, italicized words are defined in the definitions section

46

16. Development will not result in alteration to permanent or semi-permanent wetlands

by ditching, filling, subsurface drainage works, pumping, consolidation of wetlandsor other means, unless it is for the purpose of flood mitigation and then the natural

boundaries of permanent or semi-permanent wetlands must be maintained.

17. Development proposals that include crossings (bridges, culverts, and low levelcrossings) should be required to identify and address the following:

a. the environmental impact on water and fisheries;

b. the hydraulic impacts on the receiving drainage works, natural waterway orwater body;

c. means to minimize vegetation and soil disturbance during and following

construction;

d. erosion control measures necessary to ensure sediment is not transported

offsite to storm drains or water bodies;

e. plans for the immediate re-vegetation of the area;

f. municipal design standards;

g. federal and provincial Manitoba Stream Crossing Guidelines for the Protection

of Fish and Fish Habitat;

h. Manitoba Water Control Works design manual; and

i. review by Fisheries and Oceans Canada unless it adheres to a Fisheries and

Oceans Canada Operational Statement.

POLICY AREA 6: INFRASTRUCTURE

PROVINCIAL INTEREST

Infrastructure--such as transportation, water, wastewater and storm water

systems—refers to those physical elements needed to serve development.Infrastructure contributes to the health, sustainability and competitiveness of Manitoba

communities by offering a higher standard of living/quality of life for those who live, work

and play in those communities.

Because the costs of infrastructure are often paid through public investments, it is

important that decisions about infrastructure be determined with full consideration of its

impacts on future land uses, on existing infrastructure and development, and thecapacity of the community to support that infrastructure.

Decisions about infrastructure should also consider the impacts of climate change. Dueto its long life span, infrastructure built today may still be in place when changes in

climate have created conditions that can make that same infrastructure vulnerable. For

example, warmer temperatures have the potential to cause increased melting ofpermafrost that could reduce the length of winter road use. Decisions about where to

locate new roads, pipes and other key infrastructure facilities need to consider potential

vulnerabilities and adaptation measures should be built into construction.

Through an integrated approach to land use and infrastructure planning, lifecycle

costing and demand management practices, local authorities will be able to make

decisions regarding the provision of infrastructure in the most economically,environmentally and socially sustainable way.

It is important to note that there are circumstances where local authorities have a

limited capacity to fulfil the infrastructure needs of their communities, such as resource-based, and Aboriginal and Northern Affairs communities. In such instances, it is

important that other levels of government become a partner in the provision of

infrastructure and ensuring its sustainability.

A. MAXIMIZING INFRASTRUCTURE INVESTMENT

GOALS

To avoid unnecessary expansion or development of new infrastructure and ensure that

investments in infrastructure can be sustained.

To integrate land use and infrastructure planning and ensure that the full costs of

infrastructure (environmental, social, economic) are incorporated into the costs ofdevelopment by encouraging local authorities to take a responsible and proactive

approach to infrastructure.

Note: bolded, italicized words are defined in the definitions section

48

POLICIES

1. Development plans should be coordinated with municipal financial and capital plansfor investing in infrastructure to provide a coordinated decision framework for

development and spending priorities within a planning area.

2. Municipal and regional infrastructure plans, including multi-modal transportation;water and wastewater; and recreation services should be coordinated with one

another and the growth centre strategy.

3. The provision of Infrastructure should be planned and appropriate for the type,

scale and location of existing and proposed development, and should therefore

consider:

a. the full costs of the infrastructure, on a lifecycle costing basis;

b. the ability of a local authority to maintain the infrastructure, on a sustainable

service delivery basis;

c. the cost-benefits of different infrastructure options;

d. public health and/or safety; and

e. environmental impacts, such as greenhouse gas emissions.

4. To achieve full cost recovery, local authorities should ensure that taxes,

fees/charges and rates are sufficient to generate enough revenue to cover the

lifecycle costs of their infrastructure assets.

5. The costs of infrastructure provided for new development must be borne equitably

by the beneficiaries of the development.

6. Prior to investing in the expansion/extension of existing infrastructure or building

new infrastructure, local authorities should optimize existing services and/or

consider alternative solutions. Optimization and alternatives include, but are notlimited to:

a. emphasizing maintenance, repair and upgrades;

b. demand side management techniques and low impact development;

c. service-sharing with neighbouring municipalities that have excess infrastructurecapacity and

d. establishing regional-scale services or facilities.

B. APPROPRIATE WATER AND WASTEWATER FACILITIES

GOALS

To protect our environment by ensuring that wastewater is appropriately stored, treated

and managed and does not deteriorate water quality in the Province.

Note: bolded, italicized words are defined in the definitions section

49

To improve our quality of life and ensure the safety and health of residents by providing

good quality drinking water at a high standard of service that is affordable and efficient.

POLICIES

7. Water and wastewater infrastructure services must be provided in a manner that:

a. does not exceed the capacity of the water upon which such services rely;

b. protects human health and safety and the natural environment from

contaminants;

c. meets National and/or Provincial Regulations and Standards; and

d. promotes water conservation and water use efficiency.

8. In settlement areas with piped water and/or wastewater infrastructure services,development not intended to be serviced by piped services must not be permitted.

As such:

a) new development must connect to those services; andb) existing development with onsite water and/or wastewater infrastructure

will be connected to those services through a phased approach and/or in

accordance with the Onsite Wastewater Management Systems Regulation.

Exceptions to this policy may be permitted where it is demonstrated that extending

piped services to a particular development is not reasonably practicable physically.

In these exceptions, onsite systems in accordance with the Onsite WastewaterManagement Systems Regulation must be used for wastewater management.

9. Municipalities will be responsible for ensuring that piped services are appropriatelyoperated and maintained.

10. Piped water and wastewater infrastructure is the preferred form of servicing forurban centres.

11. In settlement areas with piped wastewater management systems, density of

development can be increased to optimize the cost-effectiveness of the service. Forrural residential and cottage development, please refer to Policy 2.C.15 for the

maximum density.

12. Where development is not intended to be connected to a piped wastewater

management system, lot sizes must be a minimum of 2 acres to accommodate

disposal fields, or otherwise be in accordance with the Onsite Wastewater

Management Systems Regulation.

13. Where development is not intended to connect to a piped drinking water system,

a drinking water source must be identified that can provide a sustainable, onsitesupply of drinking water over the long term.

14. Development plans should be coordinated with and make reference to localwastewater management plans to ensure:

Note: bolded, italicized words are defined in the definitions section

50

a. the provision of appropriate wastewater management as needs or standards

change by:i) identifying those areas where piped wastewater services are planned to be

provided within two to five years;

ii) assessing the cumulative impacts of increased development and/or density

and determination if and when piped services should be phased in orextended to areas without piped services; and

iii) identifying how new systems will be phased in or extended, what the costs

are and how they will be recovered.

b. the sufficient capacity of municipal wastewater management systems to accept

and treat sewage, septage, etc by:i) getting provincial confirmation that there is sufficient capacity to

accommodate new development, prior to approving new development or

land use designations.

ii) identifying options and means to increase capacity where the Province hasconfirmed it is insufficient (innovative and inter-municipal solutions are

encouraged);

iii) addressing capacity issues before approving more development reliant ondisposal fields for onsite wastewater management to satisfy development

pressures.

c. any environmental and/or health problems associated with inadequate

wastewater management systems, in particular those associated with onsite

services, are addressed. Municipalities should identify these problems and set

out plans to remediate them prior to permitting additional development.

15. Development plans should be coordinated with and make reference to local

drinking water services plans to ensure:

a. the sustainability of the drinking water sources upon which the municipal

drinking water systems rely;

b. the sufficient reserve capacity in municipal drinking water systems to

accommodate new development and sustain service to existing development.Prior to approving new development or land use designations, confirmation from

the Province that there is sufficient capacity is required;

c. the provision of appropriate drinking water systems as needs or standardschange by determining:

i) if and when piped services should be phased in or extended to areas without

piped services;ii) how they will be phased in or extended, what the costs are and how they will

be recovered.

d. the efficient and sustainable use of drinking water sources, including identifying

and implementing practices and targets for water efficiency/conservation;

e. that water extraction and consumption activities that deplete short- and long-term

supplies are limited;

f. prioritization of the use and consumption of drinking water sources to thoseland uses and developments that require potable water; and

Note: bolded, italicized words are defined in the definitions section

51

g. the exploration of using water other than drinking water sources or potential

drinking water sources in situations where drinking water is not required (e.g.irrigation and industrial operations).

16. Extension of an urban centre’s piped water and/or wastewater infrastructure

services beyond its boundaries must occur in a planned regional context and ispermitted when:

a. servicing areas of existing development, where necessitated by health and

safety or environmental concerns;

b. servicing a new industrial or major institutional development in a rural location;

or

c. a regional or service-sharing approach is the most cost-effective and sustainableoption, and is not detrimental to the growth and development of the urban

centre.

17. Prior to extending piped water and/or wastewater infrastructure services to areasoutside the urban centre, revenue sharing and joint planning arrangements must be

considered.

C. MANAGING SOLID WASTE DISPOSAL

GOALS

To protect our environment by planning for effective and sufficient solid waste disposal in

the Province.

To ensure that solid waste facilities are appropriately located and do not negatively

impact community well-being or the environment.

POLICIES

18. Municipalities must confirm that local solid waste facilities have sufficient capacity toaccommodate new development, prior to the approval of new development or land

use designations. Where insufficient capacity is confirmed, municipalities should

seek to remedy this (innovative and inter-municipal solutions are encouraged).

19. Solid waste facilities established to meet present and future demands for the

disposal of waste generated in the planning area or region will be sited in an

ecologically sound and cost effective manner. The siting process must meet therequirements of The Waste Disposal Grounds Regulation under The Environment

Act.

POLICY AREA 7: TRANSPORTATION

PROVINCIAL INTEREST

Transportation, including highways, roads, rail, air and marine, is critical to Manitoba’s

sustainable development. By influencing where and how land is used and developed,transportation directly affects our economy, competitiveness and quality of life. As such,

the Province is interested in ensuring the enhancement and protection of Manitoba’s

transportation system so it can continue to move people and goods in an efficient, safeand environmentally responsible way (refer to attached map: Manitoba’s Transportation

System).

The integration of land use and transportation planning will support development that iscompatible with both local and provincial transportation networks. By incorporating

transportation considerations in development decisions (and vice versa), local

authorities can anticipate and minimize the potential for conflicts and hazards. Forexample, certain land uses, depending on their type, size and operation, may have a

negative impact on the function of a highway, cause unsafe conditions or accelerate the

need for costly transportation upgrades. Similarly, many land uses can be negativelyaffected by their proximity to transportation facilities due to dust, noise, or odour.

To ensure Manitoba’s competitive strength in global markets, local land use decisions

must support the efficiency of an interconnected and multimodal provincialtransportation system that can effectively serve freight while continuing to meet

mobility and tourism needs. This system must also serve new rural and northern

economic trends and resource developments, as well as address the transportationaccess and equity challenges faced by northern and remote communities.

Through development plans, local authorities can also encourage certain

development patterns, land use mixes and densities that promote transit, walking andcycling, thereby reducing the reliance on single occupancy vehicles. Such planning

supports Manitoba’s Kyoto commitments to reduce greenhouse gas emissions and

improves sustainability by providing a range of accessible transportation options thatminimize negative impacts on the environment, stress on existing infrastructure and the

cost of future infrastructure development.

A. INTEGRATED TRANSPORTATION SYSTEM

GOALS

To enhance the integration and connectivity of the transportation system, across andbetween modes, for people and for freight.

To increase connectivity between routes and linkages between land uses and

developments.

Note: bolded, italicized words are defined in the definitions section

53

POLICIES

1. To support an integrated transportation system across Manitoba that providesadequate transportation facilities and services to meet current and future travel

needs, local authorities should prepare transportation plans that address the

following issues:

a) asset management – inventory locally-owned transportation assets (e.g. roads,trails, sidewalks, intersections, etc) within the planning area as well as important

regional assets;

b) functional classification – identify a road hierarchy for local roads and their placewithin the regional and provincial transportation system; determine the

functions and significance of these roads and ensure they are integrated into the

overall network;

c) define major nodes – identify multi-modal/inter-modal transfer points at high volumejunctions to act as act as focal points within the regional transportation network; developstrategies to enhance and protect these nodes;

d) safe mobility - identify existing safe and convenient transportation facilities for

biking, walking and for use by the mobility challenged; encourage appropriate

enhancement of those facilities, and address safety concerns around

intersections and major transfer nodes;

e) connectivity - identify gaps in connectivity in the local/regional transportation

network that impede flow or access;

f) level of service - determine the level of service (i.e. traffic capacity) for roads,transit routes, bike lanes and walkways;

g) traffic management - forecast traffic over a defined planning timeframe; compare

with projected land use to ensure consistency; develop an access management

plan based on the functional classifications identified;

h) system improvements - identify system expansion needs and a management

system to meet these needs; outline transportation demand management

measures.

2. Transportation plans should be integrated with local development plans and any regionalstrategies, as well as a municipality’s financial plans and capital budgets to ensure strategicdecision-making and investments.

3. In collaboration with the Province, local authorities will incorporate all provinciallyapproved plans for highway system upgrading or enhancement into development

plans for information and to support planning purposes.

4. To ensure an integrated transportation system, local authorities should work withneighbouring jurisdictions and the Province to link transportation across regions.

5. Development plans should promote and identify multi-use transportation corridors

where major utilities, trails and other transportation rights of way can share space.

Note: bolded, italicized words are defined in the definitions section

54

6. To ensure compatibility between development and the transportation network and

minimize potential conflicts, transportation and development decisions should becoordinated. As such, development plans will include policies to:

a) restrict proposed development that may be negatively impacted (e.g. traffic

noise, dust, hazardous goods, etc.) by its proximity to the major transportation

facility, unless suitable mitigative measures are incorporated in thedevelopment;

b) restrict new residential development in areas that do not meet the national noise

exposure standards in the vicinity of airports/airfields (refer to TransportCanada’s publication on Land Use in the Vicinity of Airports);

c) require that noise insulation measures for buildings, based on noise exposure

information, be incorporated into development near airports;

d) limit the height of structures/buildings in the vicinity of airports and runways so as

not to restrict or interfere with aircraft operations (refer to Transport Canada’s

publication on Land Use in the Vicinity of Airports);

e) limit the use of lighting that could affect aircraft safety during land and takeoffs(refer to Transport Canada’s publication on Land Use in the Vicinity of Airports);

f) impose limits on land uses that could generate smoke, steam, dust or other

airborne material that may affect aircraft and vehicle operations;

g) restrict land uses in the vicinity of airports that could attract birds (refer to

Transport Canada’s publication on Land Use in the Vicinity of Airports).

B. PROMOTING TRANSIT AND ACTIVE TRANSPORTATION

GOAL

To foster land use patterns and development design that caters to public transit users,cyclists, pedestrians and the mobility challenged, and reduces reliance on the

automobile and its associated greenhouse gas emissions/air pollution/congestion.

POLICIES

7. All modes of transportation, particularly more active and environmentally sustainable

forms such as walking, cycling and public transit, should be facilitated throughdevelopment plans.

8. Development plan policies should support increased densities and mixed land uses

in appropriate locations to reduce the number and length of vehicle trips, increase

opportunity to use public transportation, and encourage pedestrian and bicycle trips.

9. To reduce reliance on the automobile, development plans should include policies topromote walkable and transit-supportive communities. Such policies could promote:

a) the mixing of compatible land uses instead of separation;

Note: bolded, italicized words are defined in the definitions section

55

b) linkages between public transit, streets, sidewalks, river corridors, pathways and

green spaces that form an interconnected network to connect communities;

c) the use of abandoned transportation corridors for public transit and trails;

d) street designs with direct connections that reduce walking times, over those with

infrequent intersections;

e) the incorporation of bicycle paths and sidewalks into the existing built up areaand into the design of new developments;

f) the inclusion of public transit routes where it is planned or available;

g) pedestrian, cyclist and public transit user access in developments catering to thepublic, such as schools, shopping, employment, health and recreation related

facilities;

h) the concentration of high trip generating uses and public spaces in or adjacent toexisting or planned transit stations and stops to enhance the viability of transit.

10. Where public transit exists or is anticipated, it should be integrated into the local

transportation plan. Transit planning considerations should identify:

a) the public transit needs in the planning area, based on background studies, the

development plan and growth centre strategy;

b) areas where public transit exists, locally or regionally, and the feasibility of

providing transit service; and

c) ‘nodes’ and ‘corridors’ for transit-oriented development (TOD), where higherdensity, mixed use development can be directed;

d) transit supporting measures, such as:

a. the location of transit stops within reasonable walking distances (e.g. 200

to 400 metres) from residential, commercial/business and institutionalareas;

b. the establishment of safe and secure park and ride facilities at

appropriate locations; and

c. the implementation of transit priority measures to assist in the unrestricted

flow of transit vehicles and overall efficiency.

11. Public transit considerations should be incorporated into the design of affordablehousing developments.

C. SAFE AND EFFICIENT MOVEMENT OF GOODS AND PEOPLE

GOALS

To increase trade and tourism by promoting the efficient and fluid movement of freight andpeople.

To increase the safety and security of Manitoba’s transportation system for motorized and non-motorized users.

Note: bolded, italicized words are defined in the definitions section

56

To protect public investments in transportation by ensuring land use planning and decisionspreserve the efficiency and safety of the transportation system.

POLICIES

12. To protect Manitoba’s Trade and Major Tourism Routes, direct access to these

routes will be restricted to development, in accordance with The Highways

Protection Act.

13. Development which contributes to the evolution of a row of lots with provincial

highway frontage whereby direct connections to a provincial highway arecontinuously relied upon for providing access (strip development) will not be

permitted. Exceptions may be considered on Regional Highway Routes where

adjacent development has already occurred to the extent that this policy can no

longer be fully applied, as is the case in some urban centres.

14. Land uses and developments that have broad public impact should be assessed by the localauthority. For example:

a) areas where land uses have been concentrated, such as an urban centre or

commercial corridor;

b) large scale developments, such as a multi-lot residential subdivision or industrial

park;

c) those developments whose nature or activity is dependent on transportation,such as freight companies; and

d) regional destinations/attractions, such as recreation, shopping and tourism areas.

Local authorities will ensure that a qualified engineer assesses proposals for development todetermine their traffic and safety implications, access needs, upgrades, and improvements tolocal and provincial transportation systems and share it with the Province. If it isdetermined that the impacts of a development will affect provincial transportation facilities,the proposal will be submitted to the Province for review, along with appropriate mitigationmeasures.

15. Development plans should direct development to those areas that already have an

improved intersection in place or rely on an internal road system for access.

16. Development that may negatively affect plans for road widening or expansion will

not be permitted unless provisions suitable to the road authority are made to

accommodate future widening or expansion.

17. The cost of any provincial highway improvements (e.g. design, construction, traffic

control devices, drainage, etc.) required to accommodate a development will be the

responsibility of the developer, unless otherwise determined by the Province.

18. Expansion of existing areas of development that are bordered on one side by a

provincial highway, a major road or rail line, should be kept to the developed side

Note: bolded, italicized words are defined in the definitions section

57

of the transportation corridor so as not to jeopardize transportation facility user safety

and efficiency.

19. Developments proposed in the vicinity of provincial winter roads, future seasonal

corridors, ferry docking facilities and ports that may have a detrimental impact on the

operation, safety, function and expansion of these facilities will not be permittedunless appropriate mitigative measures can be incorporated into the development

at the developer’s cost.

20. All airports and intermodal facilities shall be protected from incompatible land uses

that may adversely impact their operation and/or endanger public safety or create a

potential safety hazard.

21. New developments or land uses must be planned and designed to negate the need

for new at-grade rail crossings.

22. Development that will generate truck traffic requiring heavier loading than that is

allowed on a provincial highway or local road shall not be permitted unless

appropriate highway loading improvements are incorporated with cost borne by thedeveloper.

POLICY AREA 8: MINERAL RESOURCES

PROVINCIAL INTEREST

Mineral resources are non renewable resources that are indispensable in our daily lives;

however their contributions to our material well-being are often overlooked. Manitobans

use minerals in many forms and combinations and incorporate them into a wide rangeof products. For example, the nickel, copper and zinc produced in Manitoba mines are

essential in the manufacturing of products such as buses, airplanes and health care

equipment. Mining is also a vital component of the economy. It provides significant

employment opportunities and is the second leading primary resource sector afteragriculture. Much of Manitoba’s mineral product is exported and significantly

contributes to the province’s merchandising export.

As provided for in The Canadian Constitution, Manitoba has ownership and authority of

its mines and mineral underrights, including royalties. Manitoba has a system of dual

land tenure where surface rights and mineral underrights can be separate and ownedby different parties. A parcel of land or title may be owned, leased, managed and used

by different parties where separate tenure regimes can exist and create potential for

access, use and occupation conflicts. A valid mineral disposition grants the holder the

legal right to access the surface of the land for exploration, extraction and developmentpurposes. It is in the provincial interest to honour mineral access and development

rights associated with mineral disposition and ensure that appropriate security of

tenure is achieved.

Mineral exploration and development is an interim land use and access to lands

containing mineral potential are essential to ensure the availability of construction

materials for provincial infrastructure requirements and other materials that contributeto Manitobans’ economic and social well-being.

Manitoba’s aggregate and quarry minerals industry produce essential raw materialsthat are required to support private and public sector construction and infrastructure

needs. This non-renewable resource has no cost-effective substitute for most end uses,

and is therefore in the public interest to protect high quality aggregate and quarrymineral resources from conflicting surface land uses to minimize both construction and

environmental costs. Quarry mineral extraction, particularly aggregate is Manitoba’s

largest mining sector by land area disturbed and volume produced.

GOALS

To ensure access to mineral, oil and gas resources and the development rightsassociated with disposition by protecting economically valuable mineral, oil and gas

resources from land uses that would preclude exploration, extraction and development.

To provide long term security and access to high and medium potential mineral lands.

Note: bolded, italicized words are defined in the definitions section

59

POLICIES

1. With assistance from the Province, Manitoba’s mineral, oil and gas resources,including lands containing high mineral potential, such as greenstone belts and the

Thompson Nickel Belt, will be identified in development plans and protected from

conflicting surface land uses that could interfere with access to these resources.

2. The Province will designate areas of “High”, “Medium” or “Low” mineral, quarry

mineral, metallic mineral and oil and gas potential on maps for all regions of

Manitoba and share them with local authorities for land use planning purposes.

a. An area designated as being “High” mineral, quarry mineral, metallic mineral

and oil and gas potential is an area that contains a known valuable mineral,

quarry mineral, metallic mineral and oil and gas deposit or an area of high

mineral, quarry mineral, metallic mineral and oil and gas discovery potential.Lands containing a valid mining claim, or quarry mineral lease in good standing

is considered to be an area of high mineral potential within the context of this

policy. Mineral exploration and extraction should be considered to be thedominant land use in lands designated as high mineral potential.

b. “Medium” indicates a mineral, quarry mineral, metallic mineral and oil and

gas deposit which is not of high quality or which has not had its full potentialproven. Lands containing an exploration licence or quarry exploration permit

are areas of medium mineral potential within the context of this policy.

Conflicting surface land uses may be approved after provincial consultation and

approval.

c. “Low” indicates a mineral, quarry mineral, metallic mineral and oil and gas

deposit or mineral resource area of little or no present recognizable value.

3. Mineral, oil and gas exploration, extraction and development is a heavy industrial

land use and the activity must be located as close as practical to the mineral, oil and

gas resource. Land uses on the surface of and adjacent to mineral, oil and gasresources must be compatible with exploration, extraction and development

activities. Appropriate buffers will be created and enforced to ensure that adjacent

land uses do not unduly restrict mineral, oil and gas exploration, extraction and

development.

4. The mineral tenure system and rights must be effectively integrated into provincial

land and resource planning regimes. Manitoba and other planning jurisdictions willhonour valid mineral access rights and ensure that appropriate security of tenure

is achieved.

5. Mineral exploration should be considered the dominant land use on landscontaining a valid mining claim or quarry mineral lease where existing surface land

use allows for mining.

6. Mineral exploration and development is an interim land use. A non-conflicting land

use should be applied to the surface of a high quality quarry mineral deposit or area

of high quality metallic mineral discovery potential prior to development.

Note: bolded, italicized words are defined in the definitions section

60

7. Mineral exploration must be undertaken in an environmentally responsible manner

and best environmental management practices will be adopted as part of theexploration program. The principles of sustainable development have been codified

in The Mines and Minerals Act and the sustainable development principles will be

used to manage all activities of the mining, oil and gas industry.

8. Surface land uses approval for mineral exploration, including all relevant permits

and licences authorized by Manitoba law, must be obtained prior to the

commencement of exploration activities.

9. Lands disturbed by mineral, quarry mineral, metallic mineral or oil and gas

exploration or development, in accordance with The Mines and Minerals Act, TheOil and Gas Act and The Environment Act, will be reclaimed to a condition that is

environmentally safe, stable and compatible with adjoining lands. On prime

agricultural land, rehabilitation of the site will be required to restore soils to the

same average soil quality for agriculture of the surrounding lands. A Mine ClosurePlan, together with the appropriate financial security, shall be submitted and

approved by the appropriate regulatory authority prior to local planning approvals

being granted.

POLICY AREA 9: CAPITAL REGION

PROVINCIAL INTEREST

Although it makes up only 1.2% of the Province’s total land base, the Capital Region is

home to over two thirds of Manitoba’s population, with the city of Winnipeg as its

economic centre.

Winnipeg’s unique status as the economic and population centre of Manitoba makes it

especially significant to the Province and therefore appropriate that the provincial

government, representing all Manitobans, pay attention to how Winnipeg and thesurrounding municipalities that make up the Capital Region grow and develop. It is

important to the Province that planning in the Capital Region supports sustainable and

strategic development and takes advantage of the opportunities that make it competitivewith other similar regions in Canada.

The Capital Region is a unique part of Manitoba as it relates to land use anddevelopment. The small size of the region relative to the scale and variety of land uses

and interests within it increases the potential for land use incompatibility and conflict.

For example, the Capital Region is located within the Red River Valley, which is home to

some of the best agricultural soils in Canada, but also to major flooding. For the CapitalRegion to develop in a smart and sustainable manner, land use planning must guide

development in such away that it allows for growth, while protecting these valued lands

and ensuring safety from flooding.

Additionally, many issues are inter-municipal in nature (such as transportation, drainage,

watersheds, etc) and development in one municipality will often impact on another.Such situations can lead to conflict, but with cooperation, can be avoided or minimized.

For these reasons, the Province is interested in fostering a coordinated and regional

approach to planning and development in the Capital Region.

GOAL

To develop a safe, healthy and prosperous Capital Region with a strong core city,through strengthened regional cooperation and partnerships.

POLICIES

1. To ensure Manitoba’s Capital Region is competitive with other Canadian urban-centred regions, governments in the Capital Region should collaborate on strategies

to guide the future growth and development of the region. Regional strategies couldinclude:

a. sustainable economic development;

b. immigration;

c. growth management;

Note: bolded, italicized words are defined in the definitions section

62

d. transportation network integration;

e. natural lands and heritage resources;

f. tourism and recreational development;

g. water quality and supply;

h. agricultural lands protection and diversification; and

i. any other regional strategy that may be determined through consensus.

2. Ensure that the Capital Region’s key potential economic development advantages

are protected and capitalized upon, such as:

a. existing inter-modal transportation facilities and opportunities to enhance multi-

modal transportation operations;

b. the Mid-Continent Trade Corridor for air, rail and truck transport industrydevelopment;

c. the Twenty-four hour operation status of the Winnipeg James Armstrong

Richardson International Airport and industrial clustering of development in the

vicinity of the airport;

d. the clustered bio-medical facilities in Winnipeg; and

e. any other emerging sectors of economic growth identified by Capital Region

governments.

3. To ensure Manitoba’s Capital Region is enhanced as an attractive place to live, local

authorities in the Capital Region should coordinate and cooperate on their plans forthe provision of:

a. a range of community housing and transportation options, including housing

types and densities and access to public services by foot, bicycle or automobile

efficient, environmentally sound and sustainable public services;

b. a diversity of recreational, cultural and educational amenities;

c. safe and healthy neighbourhoods;

d. efficient, integrated public transportation services on a regional scale andreducing the reliance on the automobile;

e. interconnectivity to parks, open spaces, natural lands, wildlife areas, heritage

resources and waterfronts in the Capital Region by bicycle and pedestrian

pathways or trails;

f. improved riparian area management in the Capital Region to complement other

measures that protect water quality and to enhance the stability, biodiversity,

and aesthetic appeal of the Capital Region waterways; and

g. a human-wildlife conflict co-management strategy to reduce the negative

interaction between people and wildlife through vehicle collisions, etc.

4. In support of a strong core city for the Capital Region and to build on Winnipeg’s

existing infrastructure, Winnipeg will be the priority for economic development

initiatives and its inner city and downtown will be the priority for renewal and

revitalization.

Note: bolded, italicized words are defined in the definitions section

63

5. Development plans for urban centres in the Capital Region should embrace theconcept of “liveable communities” by adopting policies that support “mixed use” and

“live-near-your-work”.

6. Encourage efficient and cost effective provision of public services by collaboratingon the potential for regional services and revenue sharing.

7. Promote regional consistency by encouraging the coordination and integration ofplanning policies prepared by local authorities in the Capital Region.

11

16

16

1

16

100

1

3

83

2

83

10

10

25

83

5

10

2

3

5

10

5

3

5

5

68

10

10

77

10

60

10

39

6

6

6

31

3

13

6

32

3

2

30

67

6868

7

75

23

75

59

59

52

101

8

59

12

59

12

11

15

44

12

8

11

83

240

283

373

240

231

317

211

313

304

373

374

280

280

280

290

BRANDON

DAUPHIN

THE PAS

MORDEN

LA PRAIRIEPORTAGE

SELKIRK

WINNIPEG

STEINBACH

THOMPSON

WINKLER

FLIN FLON

Churchill

LITTLE GRAND RAPIDS

BERENS RIVER

POPLAR RIVER

NORWAY HOUSE

CROSS LAKE

PUKATAWAGAN

BROCHET

LAC BROCHET

SOUTH INDIAN LAKE

THICKET PORTAGE

PITWITONEI

TADOULE LAKE

ST. THERESA POINT

RED SUCKER LAKE

ISLAND LAKE

OXFORD HOUSE

GODS LAKE NARROWS

GODS RIVER

YORK LANDING

ILFORD

BLOODVEIN

SHAMATTAWA

Legend

Trade and Major Tourism Routes

Regional Highway Network

Winter Road Network 2005

Northern Airport Locations

Marine Ferry Locations

MANITOBA TRANSPORTATION SYSTEM

0 50 100 150 200 Kilometers

100

1100

1

100

2

3

6

7

101

101

7

67

9

27

67

8

101

59

44

9A

9

4

15

44

334

241

427

334

334

425

221

236

322

321

322

323

330

221

409

200

300

405

206

207

207

207

213

206

50

236

321

220

321

220

204

410

238

230

202

204

206

320508

509

212

212

SELKIRK

WINNIPEG

Manitoba Intergovernmental Affairs March 2009


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